Evidence in International Arbitration Proceedings

Article excerpt

Evidence in International Arbitration Proceedings, edited by Peter V. Eijsvoogel. London, United Kingdom: Graham & Trotman/Martinus Nijhoff, 1994. Pp. 309. $110.00 (hardcover).

Evidence in International Arbitration Proceedings is a compilation of articles examining the pervasive similarities and differences between U.S. and foreign laws of evidence and procedure. The book was created by the Young Lawyers International Association as a reference guide for professionals engaging in international arbitration proceedings, and its primary purpose is to enable practitioners to reconcile international procedural differences prior to an actual arbitration proceeding.

The text begins with a general report on the field of international arbitration, examining the fundamental differences between the common-law and civil-law legal systems. The report next identifies some common themes in international arbitration systems. The report, for example, explains that there is a pervasive emphasis on the procedural aspects of admitting evidence in arbitration proceedings, as opposed to the substantive aspects, regardless of the theoretical framework of the particular legal system. The report suggests that practitioners can use such information to predict which elements of the foreign arbitration system are likely to be flexible and which elements are likely to command a more rigid approach.

The general report also includes reference information upon taking and defending a U.S. deposition and preparation of a witness in the United States. The report also suggests the most effective means of developing a mutually acceptable arbitration plan for each stage of the proceeding, including pretrial discovery, the initial contact, and formal dispute resolution.

Following this overview, the book discusses the procedures used to prepare the most substantial and unique part of the text: the individualized reports from twenty jurisdictions around the globe. …