CEU Electronic Theses and Dissertations, 2007
| Author | Gorshkova, Elena Vladimirovna |
|---|---|
| Title | Evidence by witness in international commercial arbitration |
| Summary | Present reseach is analyzing the witness evidence and witness evidentiary privileges in international commercial arbitration as compared to litigation and urges for the vital necessity to achieve the balance between the need to obtain evidence for the purpose of proper dispute resolution and fact-finding and the reasonably acknowledged privilege dealing with non-disclosure of sensitive business information. The importance of the topic is confirmed by the contemporary business practice. The author comes to the conclusion that business privilege can, by extension of general doctrine of privilege for the purpose of application to international commercial arbitration, protect the lawful business achievements (including also those not covered by trade secrets privilege notion) to promote the development of business activities and preserve their reliable character, especially when the adverse party’s abuse will destroy or misappropriate the commercial value of such information before any efficient judicial remedy will reach it. The methodological basis of the research encompasses the comparative legal method, legal analysis and legal modeling methods. |
| Supervisor | Varady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2007/gorshkova_elena.pdf |
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