Taking of Evidence - Chapter 14 - Arbitration Law of Turkey: Practice and Procedure
Dr. Ziya Akinci, is the founding partner of AKINCI Law Oices, Turkey. He sits as an arbitrator in disputes under the ICC and other institute rules, including ITO and TRAC and also under ad hoc rules. Dr. Akinci acts as party counsel in arbitrations, both domestic and international, and under ICC, ICSID and ad hoc rules. He has previously been requested to provide expert opinions in some arbitration cases. Dr. Akinci is member of the ICC Court.
Originally from Arbitration Law of Turkey: Practice and Procedure
TAKING OF EVIDENCE
Many International arbitration proceedings are borne of complex factual and legal issues. In such international arbitration proceedings, the written submissions of the parties often play a very important, if not determinative, role in the decision-making process of the arbitral tribunal. National courts operate with a sophisticated set of rules governing what evidence can and cannot be introduced in court proceedings. The tribunal admits most or all of the evidence offered by the parties and then determines what weight, if any, should be given to particular pieces of evidence.
The parties shall submit their evidence within the time limit determined by the sole arbitrator or arbitral tribunal. If the parties’ arbitration agreement governs the taking of evidence then it must be followed. Otherwise, the parties and the arbitrators may decide on the method of taking evidence after the arbitration has started according to Article 12/B of TIAC.
In deference to the principle of party freedom of choice, the parties may directly or by reference to arbitration rules, determine the arbitral procedure to be followed. The parties may agree that the taking of evidence should be made in accordance with the rules and practice with which they are familiar1.
14 TAKING OF EVIDENCE