Admissibility Of Illegally Obtained Evidence In Arbitration

The issue of evidence is undeniably central to arbitration proceedings. In international arbitration, a party's ability to substantiate its claims often determines the outcome.

Due to the lack of detailed rules governing the presentation and admissibility of evidence in international arbitration, the question of whether evidence obtained through illegal means can be admitted remains a frequently debated issue. This matter has not yet been subject to strict written rules. Conceptually, since international arbitration proceedings are often conducted in English, we prefer the term "admissibility"1 (1 Cemile Demir Gökyayla, Milletlerarası Tahkimde İspat Hakkı ve Sınırlarına Uygulanacak Hukuk, Public and Private International Law Bulletin, 40(2), 2020, (https://dergipark.org.tr/tr/download/article-file/1285720), p. 739; Ömer Kesikli, Milletlerarası Tahkimde Delillerin Değerlendirilmesi, February 2023, p. 258; Ali Yeşilırmak, Pekcanıtez Usûl Medenî Usûl Hukuku, Vol. III,