A Guide To The Iba Rules On The Taking Of Evidence In International Arbitration
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The Iba Rules On The Taking Of Evidence In International Arbitration
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Author : Peter Ashford
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-17
The Iba Rules On The Taking Of Evidence In International Arbitration written by Peter Ashford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-17 with Business & Economics categories.
Peter Ashford provides a practical guide to the most common feature of international arbitration around the world.
A Guide To The Iba Rules On The Taking Of Evidence In International Arbitration
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Author : Roman Khodykin
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
A Guide To The Iba Rules On The Taking Of Evidence In International Arbitration written by Roman Khodykin and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
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.
The Iba Guidelines On Party Representation In International Arbitration
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Author : Peter Ashford
language : en
Publisher: Cambridge University Press
Release Date : 2016-08-16
The Iba Guidelines On Party Representation In International Arbitration written by Peter Ashford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-16 with Law categories.
Peter Ashford provides a unique guide for the understanding and implementation of party representation guidelines in international arbitration. Combining detailed discussion and commentary on the guidelines, this is an invaluable resource for arbitrators and international arbitral institutions around the world in investment and commercial arbitration disputes.
Rules Of Evidence In International Arbitration
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Author : Nathan D. O'Malley
language : en
Publisher: Taylor & Francis
Release Date : 2019-01-16
Rules Of Evidence In International Arbitration written by Nathan D. O'Malley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-16 with Law categories.
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.
Iba Rules Of Evidence
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Author : Tobias Zuberbühler
language : en
Publisher: Sellier European Law Publishers
Release Date : 2012
Iba Rules Of Evidence written by Tobias Zuberbühler and has been published by Sellier European Law Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Arbitration (International law) categories.
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.
Rules Of Evidence In International Arbitration
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Author : Nathan D. O'Malley
language : en
Publisher: Taylor & Francis
Release Date : 2013-06-19
Rules Of Evidence In International Arbitration written by Nathan D. O'Malley and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-19 with Law categories.
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.
Handbook Of Icc Arbitration
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Author : Thomas H. Webster
language : en
Publisher: Sweet & Maxwell
Release Date : 2014
Handbook Of Icc Arbitration written by Thomas H. Webster and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Arbitration and award, International categories.
Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.
Iba Rules Of Evidence Commentary On The Iba Rules On The Taking Of Evidence In International Arbitration
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Author :
language : en
Publisher:
Release Date : 2022
Iba Rules Of Evidence Commentary On The Iba Rules On The Taking Of Evidence In International Arbitration written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Document Production In International Arbitration
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Author : Reto Marghitola
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-10-20
Document Production In International Arbitration written by Reto Marghitola and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-20 with Law categories.
Because document production can discover written evidence that would otherwise not be available, it is often the key to winning a case. However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders. The task of balancing the conflicting interests of the parties in this context is a major responsibility of arbitral tribunals. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and Austrian law, and under nine of the most important sets of institutional rules, including the ICC Rules, the LCIA Rules, and the Swiss Rules. The presentation mines case law and legal literature for concepts based on the common expectations of the parties, the legitimate expectations of a party, the duty to balance different procedural expectations of the parties, the presumed intent of the parties, the underlying hypothetical bargain, implied terms, and the arbitrators' discretion. Among the topics and issues investigated are the following: - procedural rules on document production versus procedural flexibility; - how arbitral tribunals can modify the IBA Rules on a case-by-case basis; - discretion granted by legislation in each country covered; - electronic document production; - how to deal with privilege and confidentiality objections; - how to formulate or answer document production requests; - effective sanctions in case of non-compliance with procedural orders of the arbitral tribunal; - what grounds for annulment and non-enforcement a losing party can raise in what countries. Perhaps the greatest benefit of the book is the inclusion of model clauses, commensurate with both civil law and common law expectations. The author explicates the advantages and inconveniences of each model clause, and clarifies the influence of each clause on the efficiency of the proceedings and the enforcement risk. For practitioners, the book not only gives counsel a thorough overview of possible arguments for and against document production, but also assists arbitrators find a way through the jungle of opinions on the interpretation of the IBA Rules. Legal academics will appreciate the author's deeply informed analysis and commentary and the book's contribution to increasing the predictability of arbitral decisions on document production and showing how issues in dispute can be narrowed by tailor-made rules, thus helping to raise the efficiency and reduce the costs of arbitral proceedings.
College Of Commercial Arbitrators Guide To Best Practices In Commercial Arbitration Third Edition
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Author : James M. Gaitis
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-01-01
College Of Commercial Arbitrators Guide To Best Practices In Commercial Arbitration Third Edition written by James M. Gaitis and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Arbitration agreements, Commercial categories.
This third edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration has been substantially expanded not only to ensure that it is up to date but, also, to incorporate several new chapters on diverse subjects, including intratribunal relations, arbitrators’ fees, eDiscovery, and hybrid arbitration processes. Summary of New Material •Twice as long as the second edition •Substantial revision and expansion of existing chapters •Four new chapters (Arbitrators Fees & Expenses, eDiscovery, Intratribunal Relations, Hybrid Arbitration Proceedings) •Updated to take into account evolving case law and to address newly emerging issues relating to the management of commercial arbitrations •Comparative tables regarding certain aspects of in major international rules and international arbitration institution policies •Revised to take into account: ♦The new 2013 CPR Administered Arbitration Rules ♦The 2013 revisions to the AAA Commercial Rules ♦Various protocols and guidelines relating to domestic commercial arbitration ♦The 2011 revisions to the JAMS International Rules ♦The 2012 revisions to the ICDR Articles ♦The 2010 revisions to the UNCITRAL Rules ♦The 2013 IBA Guidelines on Party Representation in International Arbitration ♦The 2010 revisions to the IBA Rules on the Taking of Evidence in International Arbitration ♦Various protocols and guidelines relating to domestic commercial arbitration The aim of the Guide is to identify best practices that arbitrators can employ to provide users of arbitration with the highest possible standards of economy and fairness in the disposition of business disputes. This third edition of the Guide refines the guidance contained in the first and second editions to take into account developing case law, revised institutional rules, advancements in arbitration techniques and thinking, and also addresses newly evolving issues such as electronic discovery. There are significant differences in the ways in which arbitrations are conducted in different substantive fields of commerce and among different arbitrators in the same field. Techniques that are appropriate and useful in one case may be quite unsuited to another. For this reason, it is not possible to prescribe a single set of best practices that commercial arbitrators should invariably follow in every case. Rather, this Guide attempts to identify the principal issues that typically arise in each successive stage of an arbitration and to explain the pros and cons of various preferred ways of handling each issue. From this perspective, the best practice for an arbitrator is to carefully consider the merits of alternative techniques available for dealing with a particular issue and to then select the technique best suited to the situation. In addition, the Guide attempts to identify the full array of practices available for use in complex arbitrations, which can be adapted and streamlined for simpler cases. Formed in 2001, the College of Commercial Arbitrators is a non-profit organization composed of prominent, experienced commercial arbitrators who believe that a national association of commercial arbitrators can provide a meaningful contribution to the profession, to the public, and to the businesses and lawyers who depend on arbitration as a primary means of dispute resolution. Its mission includes promoting professionalism and high ethical practice in commercial arbitration, adopting and maintaining standards of conduct, providing peer training and professional development, and developing and publishing "best practices" materials. This work is the College's principal vehicle for fulfilling several aspects of its mission. Many seasoned and knowledgeable practitioners generously contributed their time and insights to the creation of this Guide.