Last month, we began this two-part article discussing how the rules of the Singapore International Arbitration Centre diminish the procedural boundaries between common and civil law practices in international arbitration. In the second part of this article, we will continue to discuss other issues on this.
The taking of evidence
In the civil law system, greater emphasis is attached to pleadings and written submissions rather than to oral examination of witnesses and experts. As a result, the civil law tradition has been to have relatively short hearings. Further, the appointment of experts and examination of witnesses are controlled by the courts. The courts would appoint the experts, summon witnesses and question the witnesses at the first instance.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.