This year, the Swedish Arbitration Days focused on the topic “The Challenge of Taking Evidence in International Arbitration”. The taking of evidence is essential in international arbitration matters. Yet it remains a challenge for both arbitrators and counsels, who have to deal with the diversity of legal cultures, the lack of universally accepted principles, ever increasing technological possibilities and, in each case, the adverse interests of the parties. Swedish Arbitration Days 2012 have brought together some of the most renowned arbitration practitioners from around the world to debate the many issues arising out of the taking of evidence in international arbitration.

During the conference following key issues were discussed:

−     theories, rules, burdens of proof and thresholds of evidence;

−     theories, rules, burdens of proof and thresholds of evidence;

−     presentation of evidence;

−     documentary and electronic evidence;

−     production of documents;

−     witnesses of fact.

Markian Malskyy, attorney-at-law, Dr. jur., specializes in providing legal support in investment projects (commercial, real estate and corporate law matters) as well as representing clients’ interests before judicial authorities of Ukraine and dispute settlement under the procedures of commercial and investment arbitration. As head of the ADR practice at Arzinger and recommended arbitrator of several arbitration institutions, Mr. Malskyy has worked on settlement of over 300 disputes. Markian Malskyy is the author of two books on commercial dispute settlement and has published more than 100 legal articles.