Rules Of Evidence In International Arbitration

Author : Nathan D. O'Malley
Publisher : Taylor & Francis
Page : 568 pages
File Size : 42,6 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 : Nathan O'Malley,Taylor & Francis Group
Publisher : Informa Law from Routledge
Page : 444 pages
File Size : 48,8 Mb
Release : 2021-09-30
Category : Electronic
ISBN : 1032178396

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Rules of Evidence in International Arbitration by Nathan O'Malley,Taylor & Francis Group 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 : Nathan D. O'Malley
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2019
Category : Conflict of laws
ISBN : 1138674737

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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 : Nathan D. O'Malley
Publisher : Taylor & Francis
Page : 868 pages
File Size : 49,6 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 : Peter Ashford
Publisher : Cambridge University Press
Page : 128 pages
File Size : 47,6 Mb
Release : 2013-01-17
Category : Law
ISBN : 9781139620505

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The IBA Rules on the Taking of Evidence in International Arbitration by Peter Ashford Pdf

The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.

Author : Jeffrey Waincymer
Publisher : Kluwer Law International B.V.
Page : 1408 pages
File Size : 47,9 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 : Roman Khodykin,Carol Mulcahy,Nicholas Fletcher
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 47,7 Mb
Release : 2019
Category : Law
ISBN : 0198818343

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A Guide to the IBA Rules on the Taking of Evidence in International Arbitration by Roman Khodykin,Carol Mulcahy,Nicholas Fletcher Pdf

This work provides a comprehensive, article-by-article commentary on the IBA Rules on the Taking of Evidence in International Arbitration, pulling together in one volume an in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and the authors' own practical experience.

Author : Tobias Zuberbühler
Publisher : Sellier European Law Publishers
Page : 0 pages
File Size : 47,6 Mb
Release : 2012
Category : Arbitration (International law)
ISBN : 3866531974

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IBA Rules of Evidence by Tobias Zuberbühler Pdf

The IBA Rules on the Taking of Evidence in International Commercial Arbitration were adopted by the International Bar Association (IBA) Council in June 1999. A revised version entered into effect in May 2010. Both the original Rules and the revision were prepared by working groups representing the major Anglo-American and Continental legal systems and reflect a harmonization of the evidence taking procedures commonly used in international arbitration. After 12 years of being in force, the IBA Rules have found widespread acceptance in the arbitration community. With this first comprehensive commentary on the IBA Rules, the book's contributions provide an overview on the case law and doctrine, with a special focus on Swiss arbitration law and current hot topics, such as legal privilege and the efficiency of proceedings.

Author : Frédéric Gilles Sourgens,Kabir Duggal,Ian A. Laird
Publisher : Oxford University Press, USA
Page : 325 pages
File Size : 48,9 Mb
Release : 2018
Category : Law
ISBN : 0198753500

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Evidence in International Investment Arbitration by Frédéric Gilles Sourgens,Kabir Duggal,Ian A. Laird Pdf

Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.

Author : Peter Ashford
Publisher : Cambridge University Press
Page : 193 pages
File Size : 54,8 Mb
Release : 2013-01-17
Category : Business & Economics
ISBN : 9781107032170

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The IBA Rules on the Taking of Evidence in International Arbitration by Peter Ashford Pdf

Peter Ashford provides a practical guide to the most common feature of international arbitration around the world.

Author : Peter Eijsvoogel
Publisher : Springer
Page : 336 pages
File Size : 44,6 Mb
Release : 1994-06-27
Category : Law
ISBN : 1853339644

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Evidence in International Arbitration Proceedings by Peter Eijsvoogel Pdf

This is the second volume to appear in the new and already successful AIJA Law Library series. This volume has been prepared by members of the AIJA Standing Commission on International Arbitration under the editorship of Peter Eijsvoogel. It is intended to be a reference work for practitioners in the field of international arbitration, both counsellors and arbitrators. Twenty national reports from major jurisdictions outline the general character of the legal system in respect of ADR procedures, sources of procedural rules for arbitration, law and practice on documentary evidence and submissions, testimonial evidence and the involvement of experts. In addition, the book contains a detailed analysis of the legal rules pertaining to the taking of evidence in both civil and common law systems, and highly practical contributions relating to deposition skills.

Author : Catharine Titi
Publisher : Oxford University Press
Page : 224 pages
File Size : 43,6 Mb
Release : 2021-06-11
Category : Law
ISBN : 9780192638274

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The Function of Equity in International Law by Catharine Titi Pdf

This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.

Author : Ragnar Harbst
Publisher : Kluwer Law International B.V.
Page : 258 pages
File Size : 50,8 Mb
Release : 2015-10-20
Category : Law
ISBN : 9789041166210

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A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration by Ragnar Harbst Pdf

Mastering the art of witness examination is essential in order to prevail in international arbitration. Lawyers acting as counsel in arbitration know that witness evidence stands out from the plethora of documentary evidence in terms of uniqueness and authenticity. A vivid, first-hand live account of the events in issue exerts a strong influence on the arbitrators, and a handful of memorable testimonies can outweigh an avalanche of documents. This book shows how such mastery in the art of witness examination is accomplished. In the majority of today's international arbitrations, witness examination is modeled around the common law practice of lawyer-led questioning. Arbitration practitioners are therefore more and more expected to take charge of the examination process. Drawing on the principles of the art of advocacy in the common law tradition, this persuasive and highly engaging book sets out, in great detail, the practical techniques applicable to the use of witnesses in arbitration. The author describes such elements of witness evidence as the following: • differences between common law and civil law systems in regard to taking witness evidence; • techniques for interviewing witnesses and preparing witness statements; • question techniques for direct examination and cross-examination; • methods for developing forceful cross-examinations; • the boundaries of witness preparation; • preparing the witness for direct examination and cross-examination; • psychological risks of witness preparation; • guidelines for witnesses during direct examination and cross-examination. All topics are illustrated by way of practical examples, which also serve as a pool of useful model phrases and expressions. Practical appendices include ready-to-adapt sample documents, such as a procedural questionnaire, procedural rules and a witness statement. The book will be particularly useful for arbitration practitioners who have had little exposure to the adversarial approach to evidence and who wish to learn the ropes of lawyer-led witness examination and preparation. However, any practitioner stands to gain from applying the book's practical guidance and the author's wise counsel.

Author : Tobias Zuberbühler
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2022
Category : Electronic
ISBN : 3725582874

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IBA Rules of Taking Evidence by Tobias Zuberbühler Pdf

Author : Margaret L. Moses
Publisher : Cambridge University Press
Page : 91 pages
File Size : 50,6 Mb
Release : 2008-03-17
Category : Law
ISBN : 9781139469975

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The Principles and Practice of International Commercial Arbitration by Margaret L. Moses Pdf

This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.