Summary

Cross-border and multijurisdictional practice can bring into play a wide range of rules, legislation, and norms. This is perhaps most acute in international arbitration, where potentially relevant rules and practice may include the substantive law of the dispute, the seat of arbitration, the home jurisdiction of the parties and/or their legal counsel, and the specific procedural rules agreed upon by the parties or set by the arbitral tribunal. Evidentiary issues are among the most notorious examples of diverging standards and can cause a great deal of procedural uncertainty and ...