...date as the DoE (¶ 502). Similarly, in Karkey Karadeniz v. Pakistan, the tribunal dismissed an ex post valuation, not due to a legal principle, but because the expert evidence...
Search Results for : Evidence
Articles Evidence and Discovery in American Arbitration: The Problem of Third Parties Alan Scott Rau A Proposal to Clarify U.S. Law on Judicial Assistance in Taking Evidence for International Arbitration...
Volume 19: Issue 1 (April 2009)
...laboratory, but solely on the basis of circumstantial evidence (the so-called “nonanalytical positive” or “circumstantial evidence” doping cases).10 Neither was it … Download Full PDF *Partner, Froriep Renggli (Geneva, Switzerland);...
Do Athletes Really Have the Right to a Fair Trial ...
...procedural certainty, including comparatively simpler and less formal rules of evidence promoting authoritative enforceability of the arbitral award, with limited grounds of challenge, is the apposite functional link to a...
Whether Contractual Preconditions to Arbitration should be regarded as ‘Impediments’ ...
...of Evidence and the Application of the Parol Evidence Rule in International Arbitration Erik Mårild Notes & Comments Disarming the Italian Torpedo: The 2006 Italian Arbitration Law Reforms as a...
Volume 24: Issue 2 (August 2013)
Author: Hans Smit* Published: April 2004 Jurisdiction: United States Topics: Practice and Procedure Discovery Evidence Description: I. INTRODUCTION Since its revision in 1963, Section 1782 of Title 28 of the...
The Supreme Court Rules on the Proper Interpretation of Section ...
...are not arbitrable,[2] and under Pakistan law, disputes with prima facie evidence of fraud are not arbitrable and must instead be filed before national courts.[3] A court is usually called...
Determining Arbitrability at the Pre-Award Stage: An Analysis of the ...
...to the correct operation and application of clearly established law, or the nature of objective evidence in the record. Thus, and while the various institutions that promulgate rules governing arbitrations...
International and Domestic Arbitration Procedure: The Need for a Rule ...
Author: Michael Penny* Published: May 2002 Jurisdiction: Canada Topics: Court Decisions Judicial Assistance in Procedural Matters Practice and Procedure Discovery Evidence Description: Canadian law and practice over the past two...
Letters Of Request: Will A Canadian Court Enforce A Letter ...
...ensuring a tribunal does not simply accept the evidence and claims of the participant by default.[15] In the South China Sea Arbitration, the tribunal discharged this “special responsibility” by sending...
TagTime with Judith Levine – Arbitration in Absentia: How to ...
...speculative, greater representation during the deliberation process may produce better awards as diverse perspectives may better equip the tribunal to obtain a comprehensive understanding of parties’ positions and related evidence.[15]...
A 360-Degree, Kaleidoscopic View of Diversity and Inclusion (or Lack ...
...documentary evidence; (ii) No party shall make requests for document production; and (iii) No party shall be entitled to file for expert or factual written witness statements.[14] (d) The final...