...in the wrong, was ruled against in the arbitration. That party’s unhappiness is then not justified. On other occasions, dissatisfaction may well be justified. The best evidence of this is...
Search Results for : Evidence
...assumptions about international arbitration, most notably that 95% of survey respondents would continue to use international arbitration to resolve their commercial disputes. The 2008 Survey presents empirical evidence for the...
Comments on the 2008 Survey on International Arbitration: Corporate Attitudes ...
...joining them as respondents may have a number of advantages. One is to require them to provide evidence and to secure adverse inferences if they refuse. Another is to have...
Deciphering De Gusa: The Enforcement in U.S. Courts of International ...
Author: Grégoire Marchac Published: March 1999 Topics: Commercial Disputes Interim Measures of Protection Interim Measures Relating to Evidence Interim Measures Relating to Property Orders for Security ICC ICSID SCC UNCITRAL...
Interim Measures in International Commercial Arbitration under the ICC, AAA, ...
...in the arbitration may also prolong the proceedings, since it may necessitate new submissions, and potentially new (witness) evidence or even a new document production phase. It therefore appears reasonable...
How to Limit the Risk of Overlong Post-M&A Arbitrations & ...
...expect a full re-hearing of the issue of jurisdiction, even though the arbitral tribunal may have already heard extensive evidence and made a reasoned decision. In a contrary opinion, the...
A Case for Diversity in the Seat of Arbitration
...that the police powers doctrine ought to be applied in deciding potential Covid-19 claims as: first, this principle is almost universally accepted within municipal legal systems, which is evidence of...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...to present such evidence in support of its case. Second, reasonable access to such information must be provided to the adjudicating body and the other disputing parties. Third, from a...
The Treatment of Confidential Information in WTO Dispute Settlement Proceedings ...
Author: Anna Conley* Published: October 2007 Jurisdiction: United States Topics: Court Decisions Judicial Assistance in Procedural Matters Practice and Procedure Discovery Evidence Description: I. INTRODUCTION Prior to 2004, federal courts...
A New World of Discovery: The Ramifications of Two Recent ...
...to specific rules of evidence and procedures that govern arbitral hearings, the international arbitration community has sought to maintain the respected legal traditions that lawyer-arbitrators and counsel find familiar and...
“Legal Traditions” and International Commercial Arbitration – Vol. 17 No. ...
...demands, the arbitrator hears the evidence and decides the case in the same manner as would the judge. He may award damages and even impose penalties, and his decision is...
An Outline of Recent Changes in Soviet Domestic and International ...
...arbitration is conducted as a permissionless system in which all the information including parties’ claims, arguments and even their evidence is on a public, distributed ledger which is viewable/accessible by...