The Sanctions Regime and Rendering Legal Assistance in Taking of Evidence

Using an example of the judicial practice of commercial courts, the article examines the issue of providing international judicial assistance in the form of the execution of a letter of request in connection with a dispute under consideration in another state involving a sanctioned party. The replacement of the grounds for refusal to execute a letter of request transmitted by a foreign court is analyzed. The conclusion is made that, even taking into account the importance of the taking evidence from other countries, the judicial assistance mechanism is not effective and sanctions regimes complicate its implementation. This, in turn, gives rise to speculation about the potential development of other methods of the taking evidence.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2024-08-08
DOI
https://doi.org/10.18572/1812-383x-2024-8-22-25
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The Sanctions Regime and Rendering Legal Assistance in Taking of Evidence

Alexandra A Soltys
Arbitrazh-civil procedure
International Arbitration and Investment Law
article

The Sanctions Regime and Rendering Legal Assistance in Taking of Evidence

Alexandra A Soltys
article en

Abstract

Using an example of the judicial practice of commercial courts, the article examines the issue of providing international judicial assistance in the form of the execution of a letter of request in connection with a dispute under consideration in another state involving a sanctioned party. The replacement of the grounds for refusal to execute a letter of request transmitted by a foreign court is analyzed. The conclusion is made that, even taking into account the importance of the taking evidence from other countries, the judicial assistance mechanism is not effective and sanctions regimes complicate its implementation. This, in turn, gives rise to speculation about the potential development of other methods of the taking evidence.

Arbitrazh-civil procedure
Peace, Justice and strong institutions
Openalex Percentile: Top 78%
International Arbitration and Investment Law
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