...on such information, the arbitral tribunal may struggle to unscramble the scrambled egg or distinguish the evidence obtained through discovery from other evidence. The Tribunal may also be constrained by... Using 28 U.S.C. § 1782 to Assist a Private International ...December 6, 2021 in Blog by ARIA
...an award challenged on the grounds that the arbitrator had, against one party’s request, conducted the arbitral proceeding without an evidentiary hearing.1 In addition, extrinsic evidence submitted had been rejected... Oral Presentation of Evidence and the Application of the Parol ...July 17, 2020 by Claire Sheridan
...role of evidence, as opposed to argument or other forms of submissions, is to assist the arbitral tribunal in making appropriate findings on disputed issues of fact. Evidence may be... Modern Trends in the Presentation of Evidence in International Commercial ...July 29, 2020 by Claire Sheridan
Authors: Claudia T. Salomon and Sandra Friedrich* Published: June 2014 Description: A. Evidence in International Arbitration The procedures for obtaining and submitting evidence – and the weight it should be... Obtaining and Submitting Evidence in International Arbitration in the United ...July 17, 2020 by Claire Sheridan
Author: Daniel J. Rothstein* Published: April 2009 Jurisdiction: United States Topics: Discovery Evidence Description: I. INTRODUCTION Since at least 1989, courts and commentators have debated whether 28 U.S.C. § 1782,... A Proposal to Clarify U.S. Law on Judicial Assistance in ...July 21, 2020 by Claire Sheridan
Author: Laurent Vercauteren** Published: December 2012 Description: I. INTRODUCTION Undoubtedly, one of the key issues of modern litigation and arbitration is the manner in and the extent to which evidence... The Taking of Documentary Evidence in International Arbitration* – Vol. ...July 20, 2020 by Claire Sheridan
...with him or them any book, record, document, or paper which may be deemed material as evidence in the case . . . . Said summons shall issue in the... Obtaining Evidence From Non-Parties In International Arbitration In The United States – ...July 21, 2020 by Claire Sheridan
...or the evidence or both.” In so ruling, the Second Circuit not only gave renewed vigor to the dubious notion that willful disregard of the law justifies vacatur of an... Is Manifest Disregard of the Law or the Evidence or ...July 28, 2020 by Claire Sheridan
Author: Alan Scott Rau* Published: April 2009 Jurisdiction: United States Topics: Discovery Evidence Description: The law of discovery has been invested at times with unnecessary mystery. There are few fields... Evidence and Discovery in American Arbitration: The Problem of Third ...July 21, 2020 by Claire Sheridan
...on law and practice in regard to the issuance by arbitrators of compulsory process for evidence to be obtained from non-party witnesses.1 A major impetus for this project was the... A Model Federal Arbitration Summons to Testify and Present Documentary ...July 14, 2020 by Claire Sheridan
...However, the District Court and the Fifth Circuit both disagreed with the magistrate judge’s interpretation and avoided any determination about the parties’ agreement meeting the clear and unmistakable evidence standard.[4]Those... What did the 2018-2019 Supreme Court Term mean for the ...February 10, 2019 in Blog by ARIA
...the Taking of Evidence in International Arbitration mention privilege explicitly. Article 9 (Admissibility and Assessment of Evidence) however, which addresses the Privilege does not identify the nature or content of... TagTime with Samaa Haridi – Legal Privilege in International Commercial ...March 22, 2021 in Blog / TagTime by clairesheridan