...the Californian law, and since correspondingly no expert evidence was presented on this matter, Snowden LJ concluded that Hacon J “should not have chosen to express his own view” on...
Search Results for : Evidence
...vacate, modify, or correct any award: (i) when the arbitrator’s findings of facts are not supported by substantial evidence, or (ii) where the arbitrator’s conclusions of law are erroneous.” The...
Protecting Both the FAA and Party Autonomy: The Hall Street ...
...ultimately placing 3rd internationally. She is the co-author of “Principles of Evidence in Public International Law as Applied by Investor-State Tribunals: Burden and Standard of Proof”, Brill Publications (January 2019)....
Our Boards
...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
...an award, upon consideration of the evidence on record, has been set aside by the Seat Court particularly one interpreting its own arbitral law as well as the law of...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
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, ...
...Significantly, the evidence does not show that the Philippines entered into BITs with other States as a matter of imposition by foreign powers on terms similar to those in contracts...
The Philippine BIT Program and Investor-State Disputes – Vol. 28 ...
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 ...
...particular. The aim of the 2006 Survey was to reveal the real preference, perceptions and experience of major corporations in international arbitration, by testing the anecdotal evidence present in the...
Recognition and Enforcement of Arbitral Awards and Settlement in International ...
...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 ...
...in the international arbitration context. She cautioned tribunals to consider carefully allowing evidence that was found to be the result of an unlawful breach, since this may incentivize attacks. She...
TagTime with Catherine Amirfar – Cybersecurity and International Arbitration: A ...
...and tend to defer to the arbitrators as having been in the best position to consider and analyse the evidence. Mr. Gearing QC explained that the twin limbs of the...