Credibility of Fact Witnesses in Arbitration in Light of Current Debates
Fact witnesses have been used in both private and criminal legal proceedings for centuries. Fact witnesses are frequently used in international arbitration, contrary to the rule of “proving by deed” (or in a general sense, written evidence) that is prevalent in Turkish civil procedural law. Witnesse...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Istanbul University Press
2022-12-01
|
| Series: | Public and Private International Law Bulletin |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/C9624421D44B49608CFBCDC59BA9D348 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850187867506081792 |
|---|---|
| author | Abdullah Harun Korkmaz |
| author_facet | Abdullah Harun Korkmaz |
| author_sort | Abdullah Harun Korkmaz |
| collection | DOAJ |
| description | Fact witnesses have been used in both private and criminal legal proceedings for centuries. Fact witnesses are frequently used in international arbitration, contrary to the rule of “proving by deed” (or in a general sense, written evidence) that is prevalent in Turkish civil procedural law. Witnesses gain importance when no documents are available to prove the disputed point, when a document is present but it is not self-explanatory, or when the background of the dispute needs to be understood. Despite the widespread use of fact witnesses, several drawbacks accompany them. These undesirable points have been examined for decades due to the importance fact witnesses have in criminal proceedings, however, the idea that the same drawbacks are also considerable for international arbitration have become somewhat common in recent years. This view has been particularly emphasized at certain events the International Chamber of Commerce (ICC) organized, and many in the international arbitration community have taken a doubtful approach toward fact witnesses. Some authors have evaluated the possible drawbacks of witnesses’ memory as well as the possibility of testing their truthfulness in an attempt to come up with suggestions for overcoming them. This study first questions the credibility of fact witnesses in light of these evaluations and discussions then provides a number of methods that can be used to compensate for these drawbacks after highlighting some of the main problematic aspects of fact witnesses. The study makes use of several pieces of research, including the recently published ICC report (2020) regarding the memory of fact witnesses as well as some older articles, and seeks to present a holistic perspective on this matter. |
| format | Article |
| id | doaj-art-3b577d001c2a4a0c9936ebc455a1635f |
| institution | OA Journals |
| issn | 2667-4114 |
| language | English |
| publishDate | 2022-12-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Public and Private International Law Bulletin |
| spelling | doaj-art-3b577d001c2a4a0c9936ebc455a1635f2025-08-20T02:16:01ZengIstanbul University PressPublic and Private International Law Bulletin2667-41142022-12-0142264367310.26650/ppil.2022.42.2.1167371123456Credibility of Fact Witnesses in Arbitration in Light of Current DebatesAbdullah Harun Korkmaz0https://orcid.org/0000-0002-8415-7579İstanbul Bilgi Üniversitesi, İstanbul, TürkiyeFact witnesses have been used in both private and criminal legal proceedings for centuries. Fact witnesses are frequently used in international arbitration, contrary to the rule of “proving by deed” (or in a general sense, written evidence) that is prevalent in Turkish civil procedural law. Witnesses gain importance when no documents are available to prove the disputed point, when a document is present but it is not self-explanatory, or when the background of the dispute needs to be understood. Despite the widespread use of fact witnesses, several drawbacks accompany them. These undesirable points have been examined for decades due to the importance fact witnesses have in criminal proceedings, however, the idea that the same drawbacks are also considerable for international arbitration have become somewhat common in recent years. This view has been particularly emphasized at certain events the International Chamber of Commerce (ICC) organized, and many in the international arbitration community have taken a doubtful approach toward fact witnesses. Some authors have evaluated the possible drawbacks of witnesses’ memory as well as the possibility of testing their truthfulness in an attempt to come up with suggestions for overcoming them. This study first questions the credibility of fact witnesses in light of these evaluations and discussions then provides a number of methods that can be used to compensate for these drawbacks after highlighting some of the main problematic aspects of fact witnesses. The study makes use of several pieces of research, including the recently published ICC report (2020) regarding the memory of fact witnesses as well as some older articles, and seeks to present a holistic perspective on this matter.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/C9624421D44B49608CFBCDC59BA9D348fact witnesseswitness credibilityinternational arbitrationinternational chamber of commerceprove by deed |
| spellingShingle | Abdullah Harun Korkmaz Credibility of Fact Witnesses in Arbitration in Light of Current Debates Public and Private International Law Bulletin fact witnesses witness credibility international arbitration international chamber of commerce prove by deed |
| title | Credibility of Fact Witnesses in Arbitration in Light of Current Debates |
| title_full | Credibility of Fact Witnesses in Arbitration in Light of Current Debates |
| title_fullStr | Credibility of Fact Witnesses in Arbitration in Light of Current Debates |
| title_full_unstemmed | Credibility of Fact Witnesses in Arbitration in Light of Current Debates |
| title_short | Credibility of Fact Witnesses in Arbitration in Light of Current Debates |
| title_sort | credibility of fact witnesses in arbitration in light of current debates |
| topic | fact witnesses witness credibility international arbitration international chamber of commerce prove by deed |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/C9624421D44B49608CFBCDC59BA9D348 |
| work_keys_str_mv | AT abdullahharunkorkmaz credibilityoffactwitnessesinarbitrationinlightofcurrentdebates |