Diminishing boundaries between common and civil law

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Parties involved in cross-border transactions often find common ground to agree to resolve their disputes by arbitration. This is due, in part, to parties being wary of having to contest their disputes in courts of unfamiliar jurisdictions, and even more so in jurisdictions with a different legal system.

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The two most prevalent legal systems are the civil law and common law systems. Civil and common law practices diverge on procedural aspects such as details of pleadings/submissions, disclosure of documents, taking of evidence, appointment of experts and examination of witnesses. These may act as a hurdle for lawyers of the respective systems to completely adapt to the procedural approach of the other’s legal system.

It appears that international arbitration is emerging as a melting pot for parties, arbitrators and lawyers from different jurisdictions. In arbitration, parties can usually agree on convergence of practices of the two legal systems. Such convergence of practice is possible in arbitration because the tribunal is not bound to follow the domestic evidence rules and/or the civil procedure rules of the seat of the arbitration.

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Abha Pareek and Vicky Huili Zhao are counsel and associate counsel, respectively, with the Singapore International Arbitration Centre

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