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Restrictions on witness examination allowed

29 April 2015

Authors: Nathalie Voser; Hannah Boehm

Relying on its established practice regarding the anticipated assessment of evidence, the Swiss Supreme Court held that arbitral tribunals are entitled to refuse to allow certain questions a party wants to put to the opposing party's expert. The tribunal may do so where it anticipates that the additional evidence obtained by further questioning could not affect their findings, or if the evidence in question is irrelevant or unsuitable to prove the facts in question. (Decision 4A_544/2014.)

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Published in Practical Law Arbitration


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