Rules of Evidence in International Arbitration
� An Annotated Guide
| Författare: | O’Malley Nathan D |
| Titel: | Rules of Evidence in International Arbitration � An Annotated Guide |
| Utgivningsår: | 2012 |
| Omfång: | 381 sid. |
| Förlag: | Informa Law |
| ISBN: | 9781843119562 |
| Produkttyp: | Inbunden |
| Typ av verk: | Kommentar |
| Ämnesord: | Processrätt |
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 An essential book on evidence for practitioners of international arbitrationThe book is filled with examples drawn from arbitration case precedent and considers common issues and questions relating to evidentiary procedure "This work is not only well researched but thoughtful, stimulating and, obviously, provocative” His Honour Humphrey LLoyd, QC in the foreword This book will provide * the most comprehensive commentary currently available on the IBA Rules of Evidence and other standards relevant to taking evidence * accepted solutions to difficult procedural issues * fundamental due process considerations which arise in connection with the use of evidence in international arbitration Why you need this book * the book is focused on evidentiary procedure (and not broader considerations ) and an extensive case-based commentary addressing common issues in international arbitration related to evidence. (precedent is drawn from ICC, LCIA, Iran-U.S. Claims, ICDR ("AAA"), NAI, ICSID, UNCITRAL, SIAC and CIETAC cases) * provides extensive annotations on the IBA Rules of Evidence, and other relevant rules such as UNCITARAL Rules, providing interpretive and practical guidance on their application * practically oriented to consider the common misconceptions and questions which arise from the international and hybrid nature of international arbitration procedure. Examples of common issues and problems are drawn from the case examples themselves, author’s own experiences and interviews with many international practitioners and arbitrators. * the book considers basic presumptions underlying evidentiary procedure in arbitration which are rarely if ever addressed in publication Table of Contents Chapter 1 The Rules of Evidence and their Application Chapter 2 The Methods of Taking Evidence Not considered by the IBA Rules Chapter 3 Document Production in International Arbitration Chapter 4 Fact Witnesses in International Arbitration Chapter 5 Party Appointed Experts in International Arbitration Chapter 6 Inspections and Tribunal - Appointed Experts Chapter 7 Assessing the Evidence, Burden of Proof, Inferences & Procedural Bad Faith Chapter 8 The Evidentiary Hearing Chapter 9 Objections to the Disclosure and Admissibility of Evidence Appendices IBA Rules 2010 UNCITRAL Rules (2010) UNCITRAL Model Law (2006) HWANG Model Procedural Odrer on Confidentiality Various Model Procedural Orders Concerning Evidence About the author: Nathan D. O’Malley has acted as counsel or arbitrator in numerous international arbitrations throughout Europe, the Middle East and North America, including matters conducted under the auspices of the ICC, NAI, WIPO, and the Permanent Court of Arbitration. He is admitted to the California bar but has practiced for over 10 years in Europe. A frequent contributor to academic journals and lecturer on the topic of international arbitration, Nathan O’Malley holds an LL.M. in international trade and business law from Erasmus University of Rotterdam, a J.D. from the University of the Pacific, McGeorge School of Law and is currently a partner with the international arbitration boutique, Conway & Partners, in Rotterdam, the Netherlands. |