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...
Search Results for : Evidence
...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 ...
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. ...
...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
...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 – ...
...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
...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...
2021 New York Arbitration Week
...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...
New Year, New Rules: Highlighting 10 Key Features of the ...
...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 ...
...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 ...
...(i) based upon any of the grounds referred to in the Federal Arbitration Act, (ii) where the arbitrators’ findings of fact are not supported by substantial evidence, or (iii) where...