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Author : Charles Platto
Publisher : Springer
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.F/5 ( download)
Download or read book Iba Obtain.evidence in Disputes written by Charles Platto and published by Springer. This book was released on 1988 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403543248
Total Pages : 690 pages
Book Rating : 4.4/5 (35 download)
Download or read book Handbook of Evidence in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2022-04-07 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee
Author : Chiara Giorgetti
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004276572
Total Pages : 566 pages
Book Rating : 4.0/5 (42 download)
Download or read book Litigating International Investment Disputes written by Chiara Giorgetti and published by Martinus Nijhoff Publishers. This book was released on 2014-07-03 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners. The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.
Author : Michelle T. Grando
Publisher : Oxford University Press
ISBN 13 : 019957264X
Total Pages : 446 pages
Book Rating : 4.1/5 (995 download)
Download or read book Evidence, Proof, and Fact-Finding in WTO Dispute Settlement written by Michelle T. Grando and published by Oxford University Press. This book was released on 2009-12-24 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
Author : Peter Ashford
Publisher : Cambridge University Press
ISBN 13 : 1139620509
Total Pages : 193 pages
Book Rating : 4.1/5 (396 download)
Download or read book The IBA Rules on the Taking of Evidence in International Arbitration written by Peter Ashford and published by Cambridge University Press. This book was released on 2013-01-17 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Roman Khodykin
Publisher : Oxford University Press, USA
ISBN 13 : 9780198818342
Total Pages : 0 pages
Book Rating : 4.8/5 (183 download)
Download or read book A Guide to the IBA Rules on the Taking of Evidence in International Arbitration written by Roman Khodykin and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : William W. Park
Publisher : OUP Oxford
ISBN 13 : 0191634816
Total Pages : 1096 pages
Book Rating : 4.1/5 (916 download)
Download or read book Arbitration of International Business Disputes written by William W. Park and published by OUP Oxford. This book was released on 2012-09-20 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes. The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion. The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms. Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.
Author : Nathan D. O'Malley
Publisher : Taylor & Francis
ISBN 13 : 1317200373
Total Pages : 568 pages
Book Rating : 4.3/5 (172 download)
Download or read book Rules of Evidence in International Arbitration written by Nathan D. O'Malley and published by Taylor & Francis. This book was released on 2019-01-16 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Jean E. Kalicki
Publisher : Hotei Publishing
ISBN 13 : 9004291105
Total Pages : 1043 pages
Book Rating : 4.0/5 (42 download)
Download or read book Reshaping the Investor-State Dispute Settlement System written by Jean E. Kalicki and published by Hotei Publishing. This book was released on 2015-02-04 with total page 1043 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
Author : Dewani, Nisha Dhanraj
Publisher : IGI Global
ISBN 13 : 1799818373
Total Pages : 296 pages
Book Rating : 4.7/5 (998 download)
Download or read book Intellectual Property Rights and the Protection of Traditional Knowledge written by Dewani, Nisha Dhanraj and published by IGI Global. This book was released on 2019-12-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.
Author :
Publisher : Macedonian Political Science Forum
ISBN 13 :
Total Pages : 86 pages
Book Rating : 4./5 ( download)
Download or read book Macedonian Political Science e Journal Vol 9 written by and published by Macedonian Political Science Forum. This book was released on with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: MPSeJ is a leading international open access journal that publishes peer-reviewed research on critical issues in policy theory, law, international relations, political economy and practice at the local, national and international levels.
Author : Margaret L. Moses
Publisher : Cambridge University Press
ISBN 13 : 1107151872
Total Pages : 433 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2017-04-06 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how and why arbitration works. offering comprehensive coverage of the basic requirements, including recent changes in arbitration laws, rules, and guidelines.
Author : Anita Alibekova
Publisher : Lulu.com
ISBN 13 : 1430325267
Total Pages : 304 pages
Book Rating : 4.4/5 (33 download)
Download or read book International Arbitration and Mediation - From the Professional's Perspective written by Anita Alibekova and published by Lulu.com. This book was released on 2007-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the techniques or arbitration and mediation.
Author : Lei Chen
Publisher : Springer Nature
ISBN 13 : 3030429741
Total Pages : 294 pages
Book Rating : 4.0/5 (34 download)
Download or read book Dispute Resolution in China, Europe and World written by Lei Chen and published by Springer Nature. This book was released on 2020-04-11 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).
Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041194460
Total Pages : 1120 pages
Book Rating : 4.0/5 (411 download)
Download or read book International Arbitration and the Rule of Law written by and published by Kluwer Law International B.V.. This book was released on 2017-09-22 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Author : Michael Legg
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931821
Total Pages : 407 pages
Book Rating : 4.5/5 (99 download)
Download or read book Artificial Intelligence and the Legal Profession written by Michael Legg and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.
Author : Gabrielle Kaufmann-Kohler
Publisher : Oxford University Press
ISBN 13 : 0191669180
Total Pages : 691 pages
Book Rating : 4.1/5 (916 download)
Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.
