...is clear evidence to the contrary—evidence, for example, that the parties did not intend for the umbrella clause to create any independently enforceable rights. Second of all, this approach has...
Search Results for : Evidence
...include all types of art disputes[3]. Hence, the detail characterizing disputes can include issues like the evidence of the authenticity of an artwork, fair use and copyright infringement, droit de...
Art Disputes and the Court of Arbitration for Art: Evolution ...
...hear parties’ and witnesses’ testimony and may rule on the production of expert evidence, and other evidence deemed necessary. Paragraph 1. Testimony of the parties and witnesses shall be taken...
Provisional Measures in Aid of Arbitration in Brazil
...be affected by these changes, but, for once, change is not all bad! II. IBA RULES The International Bar Association (“IBA”) Rules on the Taking of Evidence in International Commercial...
Rule Changes Affecting the International Arbitration Community – Vol. 22 ...
...persisted within the legal community for decades, despite a lack of empirical evidence. This research presents an empirical analysis related to this assumption as it impacts consumer and B2B commercial...
Putting the Baby to Rest: Dispelling a Common Arbitration Myth ...
...the right to make procedural applications, submit briefs (including evidence), raise defenses, and even issue “follow-on-notices” [Weiterverkündung] to other third parties (such as sub-subcontractors). Some of the aforementioned rights may...
Third-Party Notices: The Participation of Non-Parties in Arbitral Proceedings Based ...
...award; seat of arbitration; summary of the arbitral proceeding including the arguments of the parties and evidence and all reasons upon which the award is based.”[12] Producing adequately-reasoned awards requires...
Reasoned Arbitral Awards: An Iranian Perspective
...river on its border with Slovakia for ecological reasons.[10] Hungary invoked a state of necessity to justify its conduct, and presented scientific evidence that there was a “state of ecological...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...of Evidence[5]), and certain standards of professional conduct. Next, local professionals introduce legislative reforms, judicial training, reforms in legal education, and attorney training. They take the materials described above and...
TagTime with Prof. Catherine Rogers – Does International Arbitration Enfeeble ...
...doing so, they claim that computer-to-computer examination improves their ability to extract relevant evidence from witnesses. This view, too, relies on intuition and bypasses the cognitive impact of virtual hearings....
Humans v. the Infernal Machine: Cross Examination in Virtual ...
...forum selection clause that chose an illusory place was integral.[20] In Inetianbor, the forum selection clause was found to evidence an intent to have a specific type of arbitration in...
Unconscionable Arbitration Agreement: To Strike Down Entirely or to “Blue-Pencil” ...
...relevant evidence before the arbitrators can consider it, or simulating material evidence to mislead the arbitrators. The arbitrators’ final award may be rendered ineffective if the parties can move or...