...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...
Search Results for : Evidence
...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 ...
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 ...
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 ...
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. ...
...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 – ...
...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 ...
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 ...
...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 ...
...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: ...
...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...