NEWSLETTER-2020-metin

209 ARBITRATION LAW fulfilled, then the rules governing domestic arbitration under the Swiss Civil Procedure Code (“CPC”) will find application. Similar to Turk- ish law, under Swiss law, two pieces of legislation stand respecting arbitration, one for international arbitration, and the other for domestic arbitration. In France , as opposed to Turkish and Swiss laws, there is only one piece of legislation concerning arbitration. Book IV of the French Code of Civil Procedure (“French CCP”) governs both domestic and international arbitrations under two separate titles; therefore, the French legislator has adopted a dualistic approach with respect to arbi- tration, separating domestic and international arbitrations. In Germany , as opposed to France, the UNCITRAL Model Law has been adopted. The tenth book of the German Code of Civil Pro- cedure (“ZPO”) governs arbitral proceedings applicable to all arbitra- tions seated in Germany. Regarding the applicable procedural rules, it does not distinguish between domestic and international proceedings. Evidence and Document Production In accordance with the principle of party autonomy, the parties are free to choose the rules on evidence and document production that they wish to apply to their dispute. In Turkey, Switzerland and Ger- many, the arbitral tribunal does not have coercive powers for taking evidence and producing documents. However, in France the arbitral tribunal is granted with such a coercive power. In Turkey , the IAA does not contain a list on what kind of evi- dence is admissible but, rather, simply addresses the tribunal’s powers on the taking of evidence and appointment of experts. However, such power lacks coercive consequences when the parties or third persons choose voluntarily not to honor the tribunal’s orders, which brings us to courts’ assistance when needed. In Switzerland , Article 184 (1) of the PILA explicitly equips the arbitral tribunal with the power to conduct the taking of evidence. Even though there is no provision on what kind of evidence is acceptable, a tribunal acting under Chapter 12 of the PILA will usually adhere to