January 17, 2024
Rekha Rangachari, Kabir A.N. Duggal, and Adam Masurovsky are the recipients of the 2024 Smit-Lowenfeld Prize for best article in the field of international arbitration published in 2022. They are being recognized for their article entitled, “One Size Fits All? Comparing Civil Law and Common Law Approaches to Evidence and Its Application in International Arbitration,” which published in the Dispute Resolution Journal (Vol. 76, Issue 1, pp. 53-74). The article provides a broad comparative view of the historical differences between the common law and civil law traditions. It further addresses how these two traditions influence evidentiary procedure in international arbitration, focusing in particular on: (i) witness testimony, (ii) document production, and (iii) the role of the tribunal. In each instance, the article explores the key differences and overlap between the two major attempts to harmonize evidentiary procedure—the IBA Rules and the Prague Rules.
Presenting the award to the authors at a ceremony on January 17, 2024, Lawrence W. Newman, Presiding Member of the IACNY and Of Counsel at Baker McKenzie, said: “The article comprehensively and skillfully addresses the cultural differences regarding the process by which international disputes are addressed in arbitration, with particular reference to disclosure by the parties of documents bearing on the contested issues.”
Upon receiving the award the recipients jointly stated: “We are deeply honored to receive the Smit-Lowenfeld Award and for the opportunity, with this article, to engage in our shared efforts in the international arbitration community to enhance the efficiency of evidentiary procedure while ensuring due process and a fair means of dispute resolution.”
The winning article was chosen by an IACNY selection committee chaired by Rory O. Millson, a retired partner at Cravath, Swaine & Moore LLP, who said: “This paper astutely compares the influence of civil law and common law traditions on approaches to evidence taking in arbitral proceedings. The commendable analysis has practical bearing for arbitrators and parties alike.”
The selection committee for the prize also included Andrew Finn (Sullivan & Cromwell partner), Lea Haber Kuck (Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates partner), Ted Lynch (Jones Day partner) and Fredrick E. Sherman (Jones Day consultant)
This is the thirteenth year that the International Arbitration Club of New York has awarded this prize, selecting one article annually. The judging panel considers articles submitted directly to the competition by the authors or their peers, as well as articles chosen through the Club’s survey of articles appearing in leading international journals. The winning article is chosen from those gathered through a two-phase winnowing process, involving close scrutiny by members of the IACNY.
