18 New York University Law Review 152 (1940)
This is by far the most exhaustive and illuminating work yet published on its special topic. The author has examined the controlling documents of numerous arbitral tribunals–the governing treaty, the protocol, the rules and the decisions of the tribunals to establish the practice adopted with respect to the function of evidence in its various forms, documentary, testimonial and hearsay, its admission and evaluation, the order and time of its submission, the rights of adverse parties and the obligations to produce evidence, the "best evidence" rule in its relations to proof of nationality and to maps, the place of the affidavit, deposition and interrogatory, the matter of authentication and translation of documents, the difficulties connected with witnesses, the evidence of interested parties and judicial notice. A concluding chapter on rehearings and revision of awards, with or without newly discovered evidence, assembles most of the precedents. The bibliography of sources of international and domestic commissions is of much value.
Date of Authorship for this Version
Borchard, Edwin, "Book Review: Evidence Before International Tribunals" (1940). Faculty Scholarship Series. 3653.