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...
Search Results for : Evidence
...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 ...
...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 ...
...varied these tests might be in terms of the level of scrutiny or evidence to be presented to vacate awards on the basis of arbitrator bias, they involve some degree...
Regulating Arbitrator Conduct: Interplay between Independence, Impartiality and Disclosure
...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...
TagTime with Matthew Gearing QC – Appeals on Questions of ...
...individual or company’s representative may provide conclusive evidence that it has consented to the relevant contract or at least to its arbitration clause. In many civil-law systems this can even...
The Issue of Non-Signatory States – Vol. 23 No. 3-4
...principle of confidentiality in arbitration proceedings implies that the information, documents, evidence adduced during the proceedings and the award rendered, cannot be made available in the public domain. The parties...
Confidentiality Concerns in Arbitration Disputes: Implementation of Confidentiality in Courts ...
...this decision was highly dependent on the specific circumstances of that case, the tribunal in Orlandini v. Bolivia expanded the reasoning in RSM v. Saint Lucia, finding that “evidence of...
Restating the Exceptional Circumstances that Warrant an Order for Security ...
...logical and efficient solution would appear to be — in theory, at least — to have a single tribunal review all the relevant facts, evidence and testimony. The practical dilemma,...
International Approaches to Court Ordered Consolidation of Arbitral Proceedings* – ...
...the arbitral proceedings, making them ‘post-critical-date-Evidence’ that could not be applied to ‘pre-critical-Date position’; and c) the example of the NAFTA joint-commission’s common interpretation was distinguishable, as NAFTA contained a...