KNOETZL

“Navigating evidence submission in international arbitration – the Austrian and Turkish views”

Partner Florian Haugeneder spoke at the joint event of VIAC and Esin Attorney Partnership “Navigating evidence submission in international arbitration – the Austrian and Turkish views” during the Istanbul Arbitration Week. Florian discussed on how to align the presentation of evidence with the case strategy from the perspective of counsel. He emphasized the importance of having a coherent “case theory” in line with the invoked cause of action and the facts of the case. The strategic choices about the presentation of the evidence (choice or documents, witnesses, experts, document production, use of cross examination etc.) can only be meaningfully made after a thorough evaluation of the law and the facts, ideally at the outset of the case. From the tribunal’s perspective, it is important to give due weight to the overall fairness in the administration of evidence, such as allowing both parties and their experts to examine the same technical evidence that is relied upon by a party.