Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in India?
Evidentiary Matters. 7.1 What rules of evidence (if any) apply to arbitral proceedings in your country? There are no specific rules of evidence which apply to arbitral proceedings. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence (see Article 19(2) of the Model Law).
Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in Qatar? Art. 200 of the Code of Civil and Commercial Procedure provides that the arbitrators settle the dispute on the basis of the arbitration agreement and of the statements made by the parties, which are to be submitted within the time-limit directed by the arbitral tribunal. The parties must submit all the documents and evidence they hold, and comply with any request of the arbitral tribunal in this respect.
Evidentiary Matters. The arbitral tribunal can suspend, amend or terminate an interim or conservatory measure at the request of a party, but not ex officio (Article 1692 CCP). To ensure compliance with the interim award, the arbitral tribunal can impose penalty payments (“astreinte”/“dwangsom”). An award ordering interim or conservatory measures will be enforced by the competent Court of First Instance, except for limited grounds (Article 1697 CCP).
Evidentiary Matters. At any oral hearing of evidence in connection with the arbitration, each party thereto or its legal counsel shall have the right to examine its witnesses and to cross-examine the witnesses of any opposing party. No evidence of any witness shall be presented in any form unless the opposing party or parties shall have the opportunity to cross-examine such witness, except as the parties to the dispute otherwise agree in writing or except under extraordinary circumstances where the interests of justice require a different procedure. The question of whether the interests of justice so require shall be determined by the arbitrators.
Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in South Africa? The provisions of the Act regarding arbitration proceedings are contained in Sections 14 to 22 of the Act. Generally, the rules of evidence as observed in a court of law are followed as far as possible, although an arbitrator may deviate from those rules provided that in so doing he does not disregard the substance of justice.
Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in Bulgaria? Bulgaria Production of evidence in arbitration proceedings is subject to the principles of equality of the parties. Each of the party shall be given an opportunity to present its evidence and review and comment on the evidence provided by the other party and collected by the arbitral tribunal. Provided that the equality requirement is met the parties are free to choose the applicable rules of evidence. They may agree that the case shall be decided only on the basis of written evidence and/or may exclude specific documents or materials. In the absence of agreement, the arbitral tribunal shall employ the rules of evidence which it deems appropriate and necessary.
Evidentiary Matters. (a) Other than in respect of the first two days absence due to illness or injury in any year, a teacher shall, upon request, provide a medical certificate addressed to the School, or, if the School requires, to the school medical officer, certifying, that the teacher was not fit for work because of a personal illness or injury. Subject to subclause (b) below, where the duration of the absence is 1 day or less and consulting a doctor is not practical, a teacher may provide other evidence that would satisfy a reasonable person that the teacher was not fit for work because of a personal illness or injury.
Evidentiary Matters. 7.1 What rules of evidence (if any) apply to arbitral proceedings in your country? As mentioned earlier, Indonesia is a civil law jurisdiction, and thus the rules of evidence and discovery procedures are far less developed than those in common law jurisdictions.
Evidentiary Matters. 8.1 What rules of evidence (if any) apply to arbitral proceedings in Belgium? The parties are free to determine the rules of evidence that will apply. The default rule is that the arbitrators are not bound by any rules of evidence. They freely determine the admissibility, relevance and probative value of the evidence submitted to them (Article 1700.3 CCP).
