...the evidence as unreliable; (iii) misunderstood the evidence; or (iv) overlooked it.[41] Since courts cannot determine with certainty whether a tribunal actually overlooked evidence without re-examining the entire record—effectively turning...
Search Results for : Evidence
...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 ...
...the most compelling evidence.[14] For instance, in Tokios Tokeles v. Ukraine, the Claimant alleged conspiracy (“nayizd”) that harmed it as a private company.[15] The tribunal applied the “preponderance of evidence”...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...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 ...
...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 ...
...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 ...
...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 ...
...from that point in the past.”[2] In 1964, the United States Congress revised 28 U.S.C. § 1782 to enable federal courts to compel the production of evidence located in...
The Popular Meaning of “Foreign or International Tribunal” in ...
...evidence standard, others require a much higher burden – clear and convincing evidence. The issue encounters an even more significant challenge in Latin America where jurisdictions do not have well-established...
Columbia Arbitration Day 2021 – Allegations of Corruption in International ...
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 ...
...the process of presenting evidence. Evidence is, of course, essential for any tribunal to make findings of fact. The principal purpose of documentary discovery is to assist the parties in...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
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,...