...about whether the Prague Rules’ approaches to experts and the role of arbitrators are better for arbitrating technology disputes than the approaches of the IBA Rules of Evidence; the second...
Search Results for : Evidence
Author: Hans Smit Published: June 1990 Jurisdictions: France United States Topics: Applicable Law Arbitral Awards Practice and Procedure Discovery Evidence Description: This is another case in which most interesting questions...
GTE Communication Systems Corporation v. Thomson CSF Telephone, S.A. No. ...
...unless there is clear and unmistakable evidence of that.[4] The important conclusion from this case is that it should be manifestly clear that the parties intended to arbitrate the substantive...
TagTime with Dr. Julie Bédard*** – Who Decides: Courts or ...
...jurisdiction of the arbitral tribunal. If the challenge was made before the arbitral tribunal had been formed, the arbitral institution may decide whether to proceed based on prima facie evidence....
Chinese Ministry of Justice Proposes Amendments to its Arbitration Law
...Process Practice and Procedure Cross-Examination Description: I put it to you, Sir, that the document I have placed before you, Hearing Exhibit 4, puts the lie to your evidence before...
Cross-Examination in International Arbitration: A Clash Among Common-Law Traditions – ...
...evidence of these injunctions being used as a tool for disrupting foreign arbitral proceedings. However, secondly, there also exist circumstances wherein the grant of such injunctions is innately justified.[19] What...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...and adopt various measures for the preservation of evidence. Section 44 of the Act vests the English courts with powers exercisable in support of arbitral proceedings, some of which are...
The Recent Amendment of Italy’s Arbitration Law and the Ongoing ...
Articles A Model Federal Arbitration Summons to Testify and Present Documentary Evidence at an Arbitration Hearing Report of the International Commercial Disputes Committee and the Arbitration Committee of the Association...
Volume 26: Issue 2 (October 2015)
...of harboring? For one, AI-enabled systems would not have any emotions or feelings, which is ideal for a neutral and dispassionate analysis of the facts and evidence to arrive at...
Arbitrators vs Bot-rators: Can AI Make International Arbitration Fairer and ...
...assets or evidence, or seek other provisional relief until a tribunal had been established in a particular case – a process that, in the best of circumstances, took weeks after...
Songs of Innocence and Experience: Ten Years of Emergency Arbitration ...
...(the “FAA”).[5] Section 10 specifies four grounds for vacating awards: (i) where the evidence was procured by corruption, fraud or undue means; (ii) where there was evident partiality or corruption...
Manifest Disregard: A Legitimate Ground for Vacating International Awards Rendered ...
Authors: Paul D. Friedland and Lucy Martinez* Published: April 2004 Jurisdiction: United States Topics: Practice and Procedure Discovery Evidence FAA Description: INTRODUCTION The purpose of this article is to provide...