Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal’s lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.
This book is the outcome of the work of contributors who participated in the wo- shop “Mapping Different Geographies (MDG)” in February 2010, held in Puchberg am Schneeberg, Austria. This meeting brought together cartographers, artists and geoscientists who research and practice in applications that focus on enhancing o- to-one communication or develop and evaluate methodologies that provide inno- tive methods for sharing information. The main intention of the workshop was to investigate how ‘different’ geographies are being mapped and the possibilities for developing new theories and techniques for information design and transfer based on place or location. So as to communicate these concepts it was important to appreciate the many contrasting meanings of ‘mapping’ that were held by workshop participants. Also, the many (and varied) viewpoints of what different geographies are, were ela- rated upon and discussed. Therefore, as the focus on space and time was embedded within everyone’s felds of investigation, this was addressed during the workshop. This resulted in very engaging discourse, which, in some cases, exposed the restrictions that certain approaches need to consider. For participants, this proved to be most useful, as this allowed them to appreciate the limits and restrictions of their own approach to understanding and representing different geographies. As well, the workshop also was most helpful as a vehicle for demonstrating the common ground of interest held by the very diverse areas of endeavour that the workshop participants work within.
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