Prof. Christian Borris on "The Influences of Anglo-Saxon Procedure on International Arbitration"
Since the commencement of the introduction week, the candidates of the IDR LL.M. program for the year 2023/2024 have been thrilled to host numerous guest lecturers from various law firms and universities. These professionals generously offer their valuable time to share their expertise and personal experiences in the field of arbitration. Most recently, Prof. Christian Borris, LL.M., partner at Borris, Hennecke, Kneisel, was invited to speak on the topic 'Influences of Anglo-Saxon procedure on International Arbitration'.
The engaging and interactive lecture emphasised how the arbitral tribunal actively tailors its decisions to each arbitral proceeding specifically, eschewing a standardized regulatory framework. This approach aims to prioritize party autonomy and offers considerable flexibility to the parties involved within the arbitration process.
Prof. Borris discussed a situation when an arbitral dispute arises between two contracting parties coming from common law jurisdiction and civil law jurisdiction. In such a case, difficulties in international arbitration arise and the arbitral tribunal has to adjudicate the dispute in a fair and unbiased manner, keeping in mind the concerns of the parties. The challenges of an arbitral tribunal encompass diverse aspects, including the relevance of written pleadings versus oral hearings, discovery or production of document, the conduct of witness cross-examinations by counsels, the involvement of parties' appointed experts, and experts appointed by the Tribunal.
In seeking to streamline and harmonize these complex proceedings, Prof. Borris advocated for a pragmatic approach — hybrid proceedings that amalgamate various procedural elements i.e. a mix of everything that helps to adjudicate disputes between two parties coming from different jurisdictions.
Following the lecture, the students were able to pose questions sparked by the lecture which were thoughtfully addressed. The lecture fostered a deeper understanding for the perspective of the arbitral tribunal.
We extend our heartfelt gratitude to Prof. Borris for dedicating his valuable time and sharing his extensive knowledge and expertise with the LL.M. candidates.