NEWSLETTER-2019-metin

163 ARBITRATION LAW Interaction between State Courts and Arbitral Tribunals in Taking of Evidence and Document Production* Prof. Dr. H. Ercument Erdem Introduction Taking of evidence and document production is one of the most debatable subjects in international commercial arbitration due to dif- ferent legal and cultural backgrounds of the parties and their legal counsels. Since the chances of success mainly depend on whether or not a party can prove its case, it is crucial for the parties to choose the best procedure for their dispute. When it comes to determining the procedure, the parties may choose common law or civil law jurisdictions depending on the na- ture of their disputes, they may draft their own arbitration procedure, or they may refer to internationally accepted rules. If the parties fail to determine such agreement, the applicable procedure will be deter- mined as per the laws of the seat of arbitration. Taking of Evidence and Production of Documents in International Commercial Arbitration in Turkey The Turkish International Arbitration Law (“TIAL”) is the ap- plicable law in Turkey setting forth the principles and procedures concerning international commercial arbitrations. The TIAL shall be applicable, only if; (i) the dispute has a foreign element and Turkey is the seat of arbitration, or (ii) the parties agreed on the TIAL as the governing law of arbitration. Article 8 of the TIAL provides for the following with regard to the determination of procedural rules: (i) parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting * Article of December 2019