...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...
Search Results for : Evidence
...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 ...
...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: Reinmar Wolff* Published: April 2009 Jurisdiction: Germany Topics: Practice and Procedure Discovery Evidence Description: I. INTRODUCTION: CHALLENGES OF ACCESSING EVIDENCE ABROAD Unavailability of evidence is an issue every practitioner...
Judicial Assistance By German Courts in Aid of International Arbitration ...
Author: Kabir Duggal* Published: November 2017 Jurisdiction: International Topics: Categories of Disputes Investment Disputes States as Parties Practice and Procedure Evidence Experts Arbitrators and Arbitral Tribunals Discovery Other International Institutions...
Evidentiary Principles in Investor-State Arbitration – Vol. 28 No. 1
Authors: Judy Wang & Xiaoyu Huang* Jurisdiction: Brazil United States Topics: ADR Remote Hearings Confidentiality Evidence Discovery Independence & Impartiality Annulment The conference entitled...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...high standard of proof and refrained from making findings on corruption despite the red flags. For instance, in ICC Case No. 13384, the tribunal concluded there was “no conclusive evidence...
TagTime with Vladimir Khvalei – Corruption in international arbitration: red flags, ...
...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...
The “Arbitration Hold” in International Arbitration: Holding on to What ...
...are the submission of groundless bankruptcy allegations in order to suspend the arbitral proceedings and the late submission of evidence or claims with the sole purpose of further prolonging the...
TagTime with Prof. Nayla Comair-Obeid – Robust Arbitrators: How to ...
...than the credibility of the documentary evidence. While documentary evidence may be subject to objective assessment or measurement, oral evidence is not. V. FUNDING NEGOTIATION: TRICK OR TREAT A. Funders...
Negotiating Funding Arrangements: Trick or Treat
...any evidence.[9] However, the tribunal did not provide any justification for the possible extension of the scope of this article. Moreover, the tribunal accentuated that the challenge to the expert...
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...Plaintiff’s evidence and Defendant’s evidence. I cannot believe that evidence heard a semester ago was remembered as well as evidence heard a month ago. The estimates for Polaroid v. Kodak:...