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Article 27 - Court Assistance in Taking Evidence

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

Article 27 concerns the assistance of the courts in evidentiary matters. Obtaining the support of national courts in the taking of evidence can be important, although this cooperation must certainly not curtail the efficiency of arbitration. The jurisdiction of the arbitral tribunal originates in the arbitral agreement between the parties. As a result, arbitral tribunals often lack the power to compel discovery through calling or compelling attendance of witnesses, requiring the production of documents, or ordering inspection of goods or premises. Some national laws expressly allow the arbitral tribunal to seek court assistance in the taking of evidence.

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Publisher: Cambridge University Press
Print publication year: 2020

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