...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...
Search Results for : %22Interim Measures Relating to Evidence%22
...of the CAS and render the enforcement of its awards difficult. 3. Provisional Measures Provisional measures, governed by Article R37 of the CAS Code,[11] are often instrumental in CAS...
Proposals to Amend the Code of the Court of Arbitration ...
...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 ...
...actions on their own (Articles 28 & 46 of the Law). In addition, only interim measures relating to property and evidence are recognized (Articles 28, 46 & 68 of the...
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...of user data; pertaining to the application usage, could be considered as a performance under the contract having financial value.[10] Given the unprecedented scope of such measures, the Indian government...
India’s ban on Chinese apps: Could India face the fire ...
...enacted a series of extra-ordinary measures. These range from social distancing guidelines and economic shutdowns to more controversial measures, such as trade and investment restrictions. However, what cannot be disputed...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...Disp. Resol. (ICDR), Commercial Arbitration Rules (2013), art. 22. [13] Int’l Bar Ass’n (IBA), Rules on the Taking of Evidence in International Arbitration (2010), art. 9 [hereinafter IBA Evidence Rules]....
TagTime with Samaa Haridi – Legal Privilege 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 ...
...its case” and a tribunal to “hold hearings for the presentation of evidence by witnesses” if “any party so requests.”[7] However, in the practice of international arbitration, the preference and...
Columbia Arbitration Day 2021 — Confidentiality, Transparency, and In-Person Hearings: ...
...coercive measures makes it even harder to obtain evidence. Finally, sometimes neither party makes allegations of corruption, which would prevent the arbitrators from analyzing the matter. By contrast, Mr. Khvalei...
TagTime with Vladimir Khvalei – Corruption in international arbitration: red flags, ...
...investor-state arbitration acquires a unique dimension considering that one of the parties is a state or state-owned entity in these proceedings. Further, matters relating to evidence, burden of proof, and...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
...for Arbitrators Parties Evidence Arbitral Process International Institutions and Rules ICC National Institutions and Rules CPR Interim Measures of Protection Interim Measures Relating to Evidence Description: American lawyers are familiar...