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 Law categories.
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.
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.
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.
Iba Rules Of Evidence
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Author : Tobias Zuberbuehler
language : en
Publisher:
Release Date : 2012
Iba Rules Of Evidence written by Tobias Zuberbuehler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Arbitration and award categories.
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.
The Principles And Practice Of International Commercial Arbitration
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Author : Margaret L. Moses
language : en
Publisher: Cambridge University Press
Release Date : 2008-03-17
The Principles And Practice Of International Commercial Arbitration written by Margaret L. Moses 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 2008-03-17 with Law categories.
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.
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.
The Function Of Equity In International Law
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Author : Catharine Titi
language : en
Publisher: Oxford University Press
Release Date : 2021-06-11
The Function Of Equity In International Law written by Catharine Titi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-11 with Law categories.
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.
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.