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In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concept...
A convenient single volume introduction to international arbitration written by experts, including discussion of the latest developments.
This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: ti...
Master's Thesis from the year 2023 in the subject Politics - International Politics and Country Analyses, grade: 1,7, , language: English, abstract: This thesis explores the success and enduring relevance of the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration. Interestingly enough, while the IBA Rules suggested a very well-developed regime for the taking of documentary evidence, most of the focus of arbitration scholars was mainly about its notable mechanic that grant parties the possibility of obtaining documents from the adverse party. While it is understood why such sophisticated mechanic would attract the attention of scholars, it is still...
Contents: F. de Polignac: Repenser la �cit��? Rituels et soci�t� en Gr�ce archa�que � M. H. Hansen: The �Autonomous City-State�. Ancient Fact or Modern Fiction? � M. H. Hansen: Kome. A Study in How the Greeks Designated and Classified Settlements which were not Poleis � T. H. Nielsen: Was Eutaia a Polis? A Note on Xenophon�s Use of the Term Polis in the Hellenika � P. Flensted-Jensen: The Bottiaians and their Poleis � S. G. Miller: Old Metroon and Old Bouleuterion in the Classical Agora of Athens � T. L. Shear, Jr.: Bouleuterion, Metroon and the Archives at Athens � A. Avram: Poleis und Nicht-Poleis im Ersten und Zweiten Attischen Seebund � W. Burkert: Greek Poleis and Civic Cults. Some Further Thoughts � L. Rubinstein: Pausanias as a Source for the Classical Greek Polis
Presenting a unique conceptual framework for interpreting and improving commercial agreements, this book marries a sound theoretical foundation with practical strategies for negotiating, drafting, advising on, and litigating such agreements.
This book provides an in-depth guide to conducting international arbitration proceedings efficiently and effectively, drawing on Yves DerainsÕ specialist experience in over 500 proceedings. It explores the necessary qualities of successful international arbitrators, and covers the various phases of arbitration proceedings, from the appointment of the arbitrators to the issuing of the award.
This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.