Dr. Omer Kesikli speaks on Ilegal Evidence in International Arbitration

We are proud to feature the insightful and timely presentation delivered by our firm's esteemed partner, Dr. Omer Kesikli, at the recent 'Arbitration Days' symposium. Hosted by the Istanbul Bar Association, Marmara University Faculty of Law, and Ozyegin University, the symposium brought together a multitude of industry leaders to discuss pertinent topics in arbitration and international law.

Dr. Kesikli, honed in on an especially relevant issue - the role of illegal evidence in international arbitration.

Understanding Illegal Evidence in International Arbitration

As an experienced law practitioner, Dr. Kesikli has long been recognized for his deep understanding of complex legal concepts, including the intricate aspects of illegal evidence within the context of international arbitration. He elucidated this challenging concept in his presentation, emphasizing its significance in the era of global legal encounters.

In international arbitration, illegal evidence typically refers to any evidence obtained in violation of legal norms, such as unlawfully acquired documents, privileged communications, or evidence gained through illicit methods. It creates a paradoxical situation in arbitration proceedings, requiring a balance between maintaining fair and just proceedings and not condoning any illegal activities.

Key Points from Dr. Kesikli’s Presentation

Dr. Kesikli's presentation was a deep dive into this dichotomy, exploring the various challenges that arise and potential solutions. He articulated how the complexities and variations of national laws pose a challenge in deciding what constitutes 'illegal evidence.'

"International arbitration often involves parties from different legal systems, each with its own views on evidence legality," Dr. Kesikli pointed out. "The arbitrators, therefore, have the difficult task of navigating these differences while maintaining a fair and impartial process."

He further noted that despite the lack of a unified approach, there are generally accepted principles in international arbitration. These include the principle that no party should benefit from its own wrongdoing, and the arbitrators’ responsibility to maintain the integrity of the proceedings.

The Road Ahead

Dr. Kesikli's talk was instrumental in shedding light on this subject, prompting robust discussion among the symposium participants. He also pointed out that this issue is set to become even more crucial as digital communication and cyber espionage pose new threats to the sanctity of confidential information.

As a respected voice in the field of international arbitration, Dr. Kesikli's insights serve not only to deepen our understanding but also to push forward the conversation on how best to approach and resolve these complex issues. His commitment to upholding justice and integrity is a cornerstone of our practice at our law firm and was strongly evident in his presentation at the symposium.

In closing, Dr. Kesikli encouraged the active involvement of the global legal community in continuing the discourse and developing effective, fair solutions. As our firm continues to stay at the forefront of legal innovation and ethical practice, we are proud to contribute to the international arbitration community's collective understanding and approach to addressing the issue of illegal evidence.

We extend our gratitude to the Istanbul Bar Association, Marmara University Faculty of Law, and Ozyegin University for organizing this enlightening event, and we look forward to contributing to future discussions in the realm of international arbitration.