Taking evidence in international arbitration and comparision of Iba rules and prague rules

In arbitration proceeding, the issue of winning the case is dependent on whether parties have proven their case. Therefore taking evidence is of importance in arbitration proceeding. There are fundamental differences between Anglo Saxon law and Civil law regarding especially disclosure, witnesses and experts. These differences create different usage of terms related to taking of evidence. Therefore in the firts part of the thesis, the terms and differences of usage of the terms are mentioned. One of the fundamental issues in taking evidence is the law to be applied to the proceeding and party autonomy, the powers granted to arbitrators and law applicable at the place of arbitration is important. The right to be heard, equality principle and mandatory rules in the law applicable at the place of arbitration limits the party autonomy and powers granted to arbitrators. Another important issue in arbitration is managing the arbitration in an effective way. Accordingly, it should be refrained from unnecessary costs and the proceeding should be completed within reasonable time in taking of evidence. Within this context, some soft laws have been established in intermational arbitration for taking evidence. The comparing of IBA Rules and Prague Rules are referred in the second part of this thesis.