Introduction

Court procedures in Civil Law and Common Law countries can be markedly different. Typically, common law judges tend to leave it to the parties to present their respective cases and then form a judgment on the basis of what the parties have chosen to present to the court. In contrast, in the courts of most civil law countries, the judge has wider powers to take a more active role in the conduct of the proceedings (for instance, in the collection of evidence, including the examination of witnesses). International arbitration is designed with the objective of avoiding the ...