The role of written witness statements in International Arbitration : A comparative study of the practice regarding the presentation of witnesses as evidence in the Nordic, German and British civil procedure as well as in International Arbitration

Abstract

A comparative study on the presentation of witnesses in a civil, a common law, and a Nordic jurisdiction as well as in international arbitration. The main focus is a comparison of the use of written witness statements in England and in International Arbitration compared to the use of evidentiary themes in the Nordic countries as well as in Germany. The comparison covers the underlying principles of each Code of Judicial Procedure and the common practices regarding the presentation of witnesses. The relevant parts of each legal culture is also examined together with the common attitudes among local professionals regarding each practice. The theme was inspired by the anticipated Finnish Government Bill on changes to chapter 17 of the Finnish Judicial Procedure, e.g. allowing the use of written witness statements in certain situations.