Handbook Of Evidence In International Commercial Arbitration

Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Kluwer Law International B.V.
Page : 690 pages
File Size : 53,5 Mb
Release : 2022-04-07
Category : Law
ISBN : 9789403543246

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Handbook of Evidence in International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld Pdf

In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee

Author : Franco Ferrari,Friedrich Rosenfeld
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2022
Category : Electronic
ISBN : OCLC:1317705172

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Handbook of Evidence in International Commercial Arbitration by Franco Ferrari,Friedrich Rosenfeld Pdf

Author : Mark Huleatt-James,Nicholas Gould
Publisher : Unknown
Page : 184 pages
File Size : 47,6 Mb
Release : 1996
Category : Law
ISBN : UOM:39015037767996

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International Commercial Arbitration by Mark Huleatt-James,Nicholas Gould Pdf

Author : Nathan D. O'Malley
Publisher : Taylor & Francis
Page : 868 pages
File Size : 49,7 Mb
Release : 2013-06-19
Category : Law
ISBN : 9781317974772

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Rules of Evidence in International Arbitration by Nathan D. O'Malley Pdf

Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.

Author : Richard Chernick,Daniel M. Kolkey,Barbara Reeves Neal
Publisher : Juris Publishing, Inc.
Page : 1198 pages
File Size : 46,5 Mb
Release : 2012-04-01
Category : Law
ISBN : 9781933833750

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Practitioner's Handbook on International Arbitration and Mediation - Third Edition by Richard Chernick,Daniel M. Kolkey,Barbara Reeves Neal Pdf

The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.

Author : Peter Ashford
Publisher : Juris Publishing, Inc.
Page : 496 pages
File Size : 42,8 Mb
Release : 2014-03-01
Category : Arbitration and award
ISBN : 9781937518325

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Handbook on International Commercial Arbitration by Peter Ashford Pdf

This handbook will assist the practitioner, whether lawyer, counsel or arbitrator, in some of the practical minefields of international commercial arbitration. It considers the typical course of an international commercial arbitral proceeding, from deciding what claims may be arbitrated to calculating damages and the contents of an award, giving guidance and sample documents for each step. It also provides an extensive discussion of discovery and the presentation of evidence during hearings. This will work in aid the efficiency of the arbitral process, especially by reducing time and cost. For counsel and arbitrators alike, it provides a convenient reference work for the problems that inevitably arise in the procedural and substantive steps in arbitration. Analyzing the relevant law and rules from a range of jurisdictions and international arbitral institutions, the Handbook is a truly invaluable companion for everyone involved in international commercial arbitration.

Author : Nathan D. O'Malley
Publisher : Taylor & Francis
Page : 568 pages
File Size : 44,7 Mb
Release : 2019-01-16
Category : Law
ISBN : 9781317200376

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Rules of Evidence in International Arbitration by Nathan D. O'Malley Pdf

Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.

Author : H. Roderic Heard,Susan L. Walker,John W. Cooley
Publisher : Aspen Publishing
Page : 298 pages
File Size : 43,7 Mb
Release : 2011-01-15
Category : Law
ISBN : 9781632813114

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International Commercial Arbitration Advocacy by H. Roderic Heard,Susan L. Walker,John W. Cooley Pdf

Authored by H. Roderic Heard, Susan L. Walker and the late Honorable John W. Cooley, International Commercial Arbitration Advocacy is the first book of its kind to offer practical advice for American trial lawyers on advocacy in international arbitration. Unlike arbitration treatises, which typically are written from the perspective of the arbitrator, International Commercial Arbitration Advocacy explains how experienced trial lawyers can tailor their advocacy skills to be more persuasive and ultimately successful in the international arbitration arena.

Author : Jeffrey Waincymer
Publisher : Kluwer Law International B.V.
Page : 1408 pages
File Size : 47,7 Mb
Release : 2012-05-23
Category : Law
ISBN : 9789041140678

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Procedure and Evidence in International Arbitration by Jeffrey Waincymer Pdf

Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.

Author : Frank-Bernd Weigand
Publisher : OUP Oxford
Page : 2585 pages
File Size : 45,9 Mb
Release : 2009-12-24
Category : Law
ISBN : 9780191579974

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Practitioner's Handbook on International Commercial Arbitration by Frank-Bernd Weigand Pdf

The Practitioner's Handbook on International Commercial Arbitration provides concise country reports on important jurisdictions for international arbitral proceedings, as well as commentaries on well-known arbitration rules which are frequently incorporated in international legal agreements. Most international commercial contracts now include an arbitration clause as an alternative to resolving disputes in the state courts. This second edition of the Practitioner's Handbook includes newly updated country chapters, expanded international coverage and commentary on the most important arbitration rules worldwide. It is written by world-leading arbitration practitioners and academics and combines a practical approach with in-depth legal research and analysis of important national and international case law. The book is unique in its coverage, providing uniformly designed country reports and thorough commentaries on internationally recognized arbitration rules in just one volume. There are individual chapters for the following countries: Austria, Belgium, China & Hong Kong, England, France, Germany, Italy, Netherlands, Singapore, Sweden, Switzerland, USA. Each country report covers: jurisdiction, the tribunal, arbitration procedure, the award, amendments and challenge to the award, liability of arbitrators and enforcement of national awards; and provides details of national arbitration laws, arbitral institutions in the jurisdiction, model arbitration clauses and a bibliography, including a list of key judicial decisions. The first edition was reviewed as "an outstanding book" and "an extremely useful tool". The work is an indispensable one-stop reference point for lawyers drafting international arbitration clauses or handling arbitration proceedings in different countries.

Author : Matti Kurkela,Santtu Turunen,Conflict Management Institute (Comi)
Publisher : Oxford University Press, USA
Page : 582 pages
File Size : 50,6 Mb
Release : 2010
Category : Language Arts & Disciplines
ISBN : 9780195377132

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Due Process in International Commercial Arbitration by Matti Kurkela,Santtu Turunen,Conflict Management Institute (Comi) Pdf

Previous edition, 1st, published in 2005.

Author : Amy C. Kläsener,Martin Magál,Joseph E. Neuhaus
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2023
Category : Evidence (Law)
ISBN : OCLC:1404808731

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The Guide to Evidence in International Arbitration by Amy C. Kläsener,Martin Magál,Joseph E. Neuhaus Pdf

Author : Elliott Geisinger,Nathalie Voser
Publisher : Kluwer Law International B.V.
Page : 488 pages
File Size : 53,7 Mb
Release : 2013-02-01
Category : Law
ISBN : 9789041146724

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International Arbitration in Switzerland by Elliott Geisinger,Nathalie Voser Pdf

A convenient, neutral location, with a long-standing tradition of arbitration, arbitration-friendly legislation, arbitration-supportive courts, and an exemplary infrastructure – for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration. This book, since its first edition in 2004, has been widely used as a peerless practitioners’ guide to international arbitration in Switzerland. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. The new edition has been extensively revised to take fully into account the newly amended Swiss Rules of International Arbitration, as well as numerous changes internationally, such as the revised ICC Rules and the revised UNCITRAL Rules. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary. The second edition also features a chart comparing major institutional arbitration rules on all aspects of the arbitral process covered by those rules. There are also two entirely new chapters – one on the legislative framework of Swiss arbitration law, and one addressing costs of arbitration. The approach throughout is rigorously practice-oriented, adding theoretical support whenever necessary. With the help of this book, practitioners will proceed confidently as they approach such tasks as the following: drafting an effective arbitration clause and choosing between ad hoc and institutional arbitration; understanding the manner in which arbitral proceedings can be structured and evaluating what is best suited to their needs; weighing the possibilities of interim relief at their disposal; anticipating the duration and costs of proceedings; and assessing post-award options. Whilst focusing on the latest developments in international commercial arbitration, International Arbitration in Switzerland includes sections on sports arbitration (with a focus on the Court of Arbitration for Sport in Lausanne) and on Swiss-based public international law dispute settlement mechanisms, such as those of the WTO and the UNCC. The book provides useful answers to concrete questions that in-house lawyers, outside counsel, and arbitrators are confronted with when practicing international arbitration in Switzerland. With its wealth of practical expertise and up-to-date information, it will enable foreign in-house and external counsel to make the appropriate choices and decisions. It will be indispensable for all practitioners and academics interested in arbitration in Switzerland.

Author : Roger Hopkins,Benjamin Horn
Publisher : Taylor & Francis
Page : 1797 pages
File Size : 54,9 Mb
Release : 2020-11-25
Category : Law
ISBN : 9781000341782

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Arbitration Law Handbook by Roger Hopkins,Benjamin Horn Pdf

The Arbitration Law Handbook collects together in one volume the laws in force in more than twenty countries, with the main procedural rules used in each of those countries. Each section has a short overview identifying relevant treaty obligations, the main arbitral bodies and the principal laws in force. Additionally, there is an international section in which the UNCITRAL Model Law and Arbitration Rules are set out and in which the major international conventions relating to arbitration, such as the New York Convention and table of signatories, are reproduced. The section also includes the ICSID Arbitration Rules (applicable to the settlement of investment disputes), as well as those of WIPO (applicable to the settlement of intellectual property disputes)

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
Page : 492 pages
File Size : 49,5 Mb
Release : 2010-10-01
Category : Law
ISBN : 9781933833484

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AAA Handbook on International Arbitration and ADR - Second Edition by American Arbitration Association Pdf

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.