Procedure and Evidence in International Arbitration
Title | Procedure and Evidence in International Arbitration PDF eBook |
Author | Jeffrey Waincymer |
Publisher | |
Pages | 0 |
Release | 2012 |
Genre | Law |
ISBN | 9789041131683 |
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.
Rules of Evidence in International Arbitration
Title | Rules of Evidence in International Arbitration PDF eBook |
Author | Nathan D. O'Malley |
Publisher | Taylor & Francis |
Pages | 568 |
Release | 2019-01-16 |
Genre | Law |
ISBN | 1317200373 |
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.
Rules of Evidence in International Arbitration
Title | Rules of Evidence in International Arbitration PDF eBook |
Author | Nathan D. O'Malley |
Publisher | Taylor & Francis |
Pages | 574 |
Release | 2013-06-19 |
Genre | Law |
ISBN | 1317974778 |
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.
The IBA Rules on the Taking of Evidence in International Arbitration
Title | The IBA Rules on the Taking of Evidence in International Arbitration PDF eBook |
Author | Peter Ashford |
Publisher | Cambridge University Press |
Pages | 193 |
Release | 2013-01-17 |
Genre | Law |
ISBN | 1139620509 |
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.
The Function of Equity in International Law
Title | The Function of Equity in International Law PDF eBook |
Author | Catharine Titi |
Publisher | Oxford University Press |
Pages | 225 |
Release | 2021 |
Genre | Law |
ISBN | 0198868006 |
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
Evidence in International Arbitration Proceedings
Title | Evidence in International Arbitration Proceedings PDF eBook |
Author | Peter Eijsvoogel |
Publisher | Springer |
Pages | 336 |
Release | 1994-06-27 |
Genre | Law |
ISBN | 9781853339646 |
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.
Third-party Funding in International Arbitration and Its Impact on Procedure
Title | Third-party Funding in International Arbitration and Its Impact on Procedure PDF eBook |
Author | Jonas von Goeler |
Publisher | |
Pages | 0 |
Release | 2016 |
Genre | Arbitration (International law) |
ISBN | 9789041150158 |
Introduction --The Various Forms of Third-Party Funding in International Arbitration --Litigation Funding in International Arbitration --Disclosure of Third-Party Funding in International Arbitration Proceedings --Privilege Protection of Documentary Evidence and Third-Party Funding --Jurisdictional Issues and Third-Party Funding --Impartiality and Independence of Arbitrators and Third-Party Funding --Confidentiality in International Arbitration Proceedings and Third-Party Funding --Security for Costs and Third-Party Funding --Awarding of Costs and Third-Party Funding --Summary of Part I and Part II --Concluding Remarks.