Navigating evidentiary challenges in arbitration involving state parties

In the latest update to The Guide to Evidence in International Arbitration, Wolf Theiss partners Stefan Riegler, Oleg Temnikov and Venus Valentina Wong contribute a comprehensive chapter addressing the nuanced procedural and legal complexities that arise when taking evidence from state parties. Drawing on their extensive experience in investment and commercial arbitration, the authors explore how the involvement of states, public authorities and state-owned enterprises introduces unique considerations –ranging from sovereign immunity and privilege claims to the application of domestic secrecy laws and international soft law instruments such as the IBA Rules.

The chapter offers practical insights into how arbitral tribunals balance transparency and confidentiality, particularly in asymmetrical proceedings between private and state actors. It also examines emerging jurisprudence and procedural strategies for managing politically sensitive disclosures, evidentiary privilege and the admissibility of leaked or allegedly illegally obtained information. This contribution reinforces Wolf Theiss’ position at the forefront of arbitration practice in Central and Eastern Europe and beyond.

Read the full chapter here.