...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....
Search Results for : Evidence
...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...
Court-Ordered Interim Measures In Aid Of International Commercial Arbitration – ...
...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...
Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...
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 ...
...provide concrete evidence of futility (e.g., prior breakdowns in negotiations, refusal to participate, or systemic legal barriers). Timely Objections: Tribunals may deem futility defenses waived if not raised early. Strategic...
A Comparative Analysis of the Enforcement of Multi-tier Dispute Resolution ...
...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...