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Final Award in ICC Case No. 7626

Panel of Arbitration
XXII Y.B. Comm. Arb. 132 (1997)

Written by Mary Katherine Cunningham, JD

Facts

Company A entered a technical cooperation agreement with Company B where Company A provided technical assistance to Company B. The contract contained an arbitration clause, which provided that the International Chamber of Commerce (ICC) Rules applied. A dispute arose between the parties, and Company B initiated arbitration proceedings under ICC Rules in England. During the proceedings, the record demonstrated Dr. Y and an employee of Company A, Dr. V, kept daily notebooks containing their schedules and their contemporaneous correspondence with Mr. X at various meetings. Company A presented a copy of the relevant pages during the proceedings. The tribunal also received copies of the original diary contents in German, and Dr. Y referred to his notebook during testimony. Mr. X also referred to notebooks during his testimony, but Company B did not offer these notebooks into evidence during the arbitration. Company B objected to the admission of the diaries of Dr. Y and Dr. V. Company B argued these diary entries were inadmissible because § 21 and § 32 of the Indian Evidence Act forbids the admission of statements in a business record like a diary unless the writer is dead.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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