...decision in a few weeks. There should ordinarily be no discovery, and no oral testimony, and there is no right to trial by jury. Accordingly, even before one considers the...
Search Results for : "Discovery"
...truth behind the facts presented to them and reach a decision. One way in which evidence can be presented to the court or arbitral tribunal is by disclosure or discovery...
The Taking of Documentary Evidence in International Arbitration* – Vol. ...
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: 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 ...
...studies take delight in the discovery of clear dichotomy and drastic differences, which are at times imaginary. Some maintain that people in the West observe contracts while contracts mean little...
Conciliation – Japan’s Experience – Prospects of Success in International ...
Author: Hans Smit* Published: December 1998 Topics: Discovery Evidence Description: (a) For the purposes of this Article, confidential information shall mean any information, regardless of the medium in which it...
Disclosure of Trade Secrets and Other Confidential Information Article 52 ...
Author: Hilary Heilbron* Published: March 2020 Jurisdiction: International Topics: Practice and Procedure International Institutions and Rules Evidence Written Proceedings Hearing Arbitral Process Apportioning of Costs Discovery Description: I. INTRODUCTION At...
Keynote Address: The Impact of Cultural and National Differences on ...
...Applicable Law International and Transnational Law Arbitral Awards Practice and Procedure Evidence Discovery Indemnity, Damages, Punitive Damages Description: Columbia Arbitration Day consistently attracts some of the leading scholars and practitioners...
Columbia Arbitration Day 2017 – Striking a Balance: Confronting Tensions ...
...Procedure Discovery Evidence Description: This essay is a contribution to a liber amicorum for Hans Smit, a man whom I greatly admire. I am proud to have been considered one...
A Practitioner’s Observations on the Resolution of International Commercial Disputes ...
...instances, with invasive, expensive, and time-consuming procedures, such as pre-trial discovery and jury trials. Once the major players in the marketplace started seriously to consider opting for arbitration, their lawyers...
Class Actions and their Waiver in Arbitration – Vol. 15 ...
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
...More recently, recognition of artificial intelligence (“AI”) has surfaced, including not only over use of systems aiding counsel to sort the wheat from the chaff in discovery, but also to...