Michael Fernández contributed an article to the Kluwer Arbitration Blog discussing three evidentiary issues that have significant discrepancies in the common law and civil law systems. Michael covers the matters of legal privilege, hearsay, and illegally obtained evidence and recommends arbitral centers to proactively establish more explicit standards on these evidentiary issues, bridging common-law and civil-law traditions and reducing arbitrator discretion.
To read the full article, click here.