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1. Thailand Laws Civil Procedure

Civil Law ProcedureEvidence (general)– Means of evidence more restricted (eg. Testimony, expert witness,documents, inspection - no depositions, discovery,interrogatories)– Documentary evidence is preferred– Documents self-evident rather than introduced through witness– Exclusionary rules. court does not rule on admissibility of evidence.

rules what Court may or may not consider (eg. Hearsay)– ' iura novit curia' - no evidence in relation to the law,establishment of law ex officioDocsity.com. Model Law JurisdictionsCommon LawJurisdictions. Australia.

Bangladesh. Canada. Hong Kong. India. Ireland. New Zealand. Scotland.

Singapore. Sri LankaCivil Law Jurisdiction. Austria. Brazil. Chile.

China. Croatia.

Cyprus. Denmark. Finland. France. Germany. Greece.

Guatemala. Hungary. Japan. Lithuania. Mexico.

the Netherlands. Nicaragua. Norway. Paraguay. Peru.

Poland. Republic of Korea. Russian Federation. Spain. Thailand. Turkey.

Ukraine. Venezuela.Docsity.com. UNCITRAL Model LawArticle 19: Determination of rules of procedure(1) Subject to the provisions of this Law, the parties are free to agree onthe procedure to be followed by the arbitral tribunal in conductingthe proceedings.(2) Failing such agreement, the arbitral tribunal may, subject to theprovisions of this Law, conduct the arbitration in such manner as itconsiders appropriate. The power conferred upon the arbitraltribunal includes the power to determine the admissibility,relevance, materiality and weight of any evidence.Docsity.com. UNCITRAL Model LawArticle 24: Hearings and written proceedings(1) Subject to any contrary agreement by the parties, the arbitral tribunal shalldecide whether to hold oral hearings for the presentation of evidenceor for oral argument, or whether the proceedings shall be conducted onthe basis of documents and other materials.

Thailand Laws Civil Procedure

However, unless the partieshave agreed that no hearings shall be held, the arbitral tribunal shallhold such hearings at an appropriate stage of the proceedings, if sorequested by a party.Docsity.com. IBA Rules on EvidenceGeneral. Drafted by specialists from Common and Civil Law jurisdictions.

' The IBA Rules of Evidence reflect procedures in use in manydifferent legal systems, and them may be particularly usefulwhen the parties come from different legal cultures' (ie.compromise solution). ' The Rules provide mechanisms for the presentation ofdocuments, witnesses of fact, expert witnesses and inspections,as well as for the conduct of evidentiary hearings'. Guidelines onlyDocsity.com. IBA Rules on EvidenceArticle 3: Documents. Parties will submit to the tribunal and to the other parties allavailable documents that it relies on. Parties may request production of documents through thetribunal, provided the request contains:– sufficient description to identify the document (narrow categories allowed);– information how the requested document is relevant and material to theoutcome of the arbitration.

Parties requested to produce documents shall produce thedocuments in its possession, custody or control to the tribunaland other parties where no objection is made.Docsity.com.