Übersetzung für "Employee testimonials" in Deutsch

It follows from those considerations that, in the Decision, the Commission ultimately accepts Hoechst’s oral contributions as acts of cooperation and that, in any event, the Commission’s position during the administrative procedure was the result of uncertainty as to Hoechst’s effective cooperation at the beginning of the proceedings, Hoechst having stated, initially, that it could not be contemplated that its employees would provide testimony before the Commission.

In his book, Sharh Montah Al Eradat by Shaikh Mansour Al Bahotti Al Hanbali, the chapter “testimonial objections” also indicates that employee witness testimony should not be allowed:

Since allowing employee witness testimony violates Hanbalifiqh,an arbitral tribunal that slavishly follows the rules could end up with a worthless decision that is unenforceable when countries such as Saudi Arabia are the seat of arbitration or the place of enforcement.

In short, there can be no doubt that employee witness testimony should not be allowed under Hanbali fiqh, and the IBA Rules on the Taking of Evidence in International Arbitration are in direct conflict with this principle of Islamic jurisprudence.

Just as riba (interest) should not be awarded in certain jurisdictions, employee witness testimony should not be relied upon by Arbitral Tribunals where the seat or place of enforcement is Saudi Arabia.

The problem with respect to this article is that classic Hanbali jurisprudence does not allow self-interested testimony, since employee witness testimony is (quite reasonably, one may add) considered to be untrustworthy.