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Humboldt-Universität zu Berlin - International Dispute Resolution

Humboldt-Universität zu Berlin | Faculty of Law | International Dispute Resolution | Guest lecture by Prof. Dr. Christian Borris, 11 November 2018

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