Das Beweisma In Der Internationalen Handelsschiedsgerichtsbarkeit
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Das Beweisma In Der Internationalen Handelsschiedsgerichtsbarkeit
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Author : Philipp Alfter
language : de
Publisher: Springer-Verlag
Release Date : 2019-05-31
Das Beweisma In Der Internationalen Handelsschiedsgerichtsbarkeit written by Philipp Alfter and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-31 with Law categories.
In Handelsschiedsverfahren treffen zunehmend Parteien, Schiedsrichter und Rechtsanwälte aus unterschiedlichen Rechtskreisen aufeinander. Allerdings sind Fragen des anwendbaren Beweismaßes bislang nicht in gleichem Maße geklärt wie in Bezug auf die staatliche Gerichtsbarkeit. Anhand der Beweismaßstandards im Common Law und im Civil Law legt Philipp Alfter dar, dass es für den Ausgang des Schiedsverfahrens entscheidend sein kann, welche Anforderungen das Schiedsgericht an den zu erbringenden Beweis stellt. Am Beispiel der sich in der Handelsschiedsgerichtsbarkeit herausgebildeten best practice der document production zeigt er in diesem Zusammenhang auf, dass dem kontinental-europäischen Prozessrecht fremde Verfahrenselemente geeignet sind, sich auf das im Schiedsverfahren anwendbare nationale Sachrecht auszuwirken.
Procedure And Evidence In International Arbitration
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Author : Jeffrey Waincymer
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-05-23
Procedure And Evidence In International Arbitration written by Jeffrey Waincymer 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 2012-05-23 with Law categories.
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.
Der Fall Jacob Wesemann 1935 1936
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Author : Jost Nikolaus Willi
language : de
Publisher:
Release Date : 1972
Der Fall Jacob Wesemann 1935 1936 written by Jost Nikolaus Willi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Germany categories.
Rethinking Evidence
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Author : William Twining
language : en
Publisher: Cambridge University Press
Release Date : 2006-06-01
Rethinking Evidence written by William Twining 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 2006-06-01 with Law categories.
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Evidence Law Adrift
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Author : Mirjan R. Damaska
language : en
Publisher: Yale University Press
Release Date : 1997-01-01
Evidence Law Adrift written by Mirjan R. Damaska and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Law categories.
In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with Continental, or civil- law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common-law tradition.Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common- law jurisdictions and then explores recent transformations of this environment: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material are in danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common-law evidence. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common-law evidence restricted to a narrow sphere.
The Faces Of Justice And State Authority
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Author : Mirjan R. Damaska
language : en
Publisher: Yale University Press
Release Date : 1991-07-24
The Faces Of Justice And State Authority written by Mirjan R. Damaska and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-07-24 with Law categories.
A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Courts On Trial
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Author : Jerome Frank
language : en
Publisher: Princeton University Press
Release Date : 1973-09-21
Courts On Trial written by Jerome Frank and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973-09-21 with Law categories.
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Reform Of Civil Procedure
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Author : A. A. S. Zuckerman
language : en
Publisher:
Release Date : 2023
Reform Of Civil Procedure written by A. A. S. Zuckerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Civil procedure categories.
This collection of essays on civil justice is an attempt to assess the present state of civil procedure in the UK and the possible impact of proposals recently put forward by Lord Woolf. In addition, the essays deal with the fundamental problems that are encountered in the administration of civil justice everywhere.
International Civil Procedure
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Author : World Law Group Member Firms
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
International Civil Procedure written by World Law Group Member Firms 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 2003-01-01 with Law categories.
A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered.
Legal Duties And Other Essays In Jurisprudence
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Author : Carleton Kemp Allen
language : en
Publisher:
Release Date : 1931
Legal Duties And Other Essays In Jurisprudence written by Carleton Kemp Allen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1931 with Jurisprudence categories.