Guest lecture by Prof Dr Christian Borris, 11 November 2018
We often fail to remember how the different practices and procedures of a particular legal system may affect the outcome of an international case. In international arbitration we have a hybrid procedural structure. On 11 November 2018, Prof. Dr. Christian Borris delivered an interesting lecture on ‘The Influence of Anglo-Saxon Procedural Law on International Arbitration’. Mr Borris is a partner at Borris Hennecke Kneisel, a law firm in Cologne with its predominant focus on commercial dispute resolution.
The first part of the lecture consisted of a brief overview of the procedural law governing international arbitration cases. The second part encompassed an in-depth comparison of the features of Anglo-Saxon procedural law and its impact on international arbitration. It was mainly the contrast of cross examination of a witness on their statement in Civil and Common law jurisdictions that was explored. Further, the IDR LL.M cohort was especially surprised to learn that discovery/document production is only permitted to a limited extent in arbitration cases; this in comparison to civil law jurisdictions, where it is not common practice, and to common law jurisdictions, where it is.
Dr. Borris concluded the four hour-long lecture with a brief debate on the approaches of both systems of law and their influence on arbitration. International arbitration can be seen as a hybrid of both procedural structures, aiming to maintain flexibility and enhance party autonomy.
Claudia Schrader, IDR LL.M. Candidate