...will depend on the type of the requested measure—whether the requested measure is a mandatory or prohibitive injunction, an anti-suit injunction, an order for the preservation of assets or evidence,...
Search Results for : Evidence
...of evidence to the contrary. If the tribunal that may interpret and apply EU law were habilitated by “means of an agreement between the Union and a non-Member State,”[12] where...
The Unresolved EU Law Question: Reorganizing the Current Status of ...
...(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...
Contracting Out of the Arbitration Act – Vol. 8 No. ...
...discussion of the 1976 UNCITRAL Rules with commentary on the 1999 IBA Rules on the Taking of Evidence in International Commercial Arbitration, which were only briefly noted in the first...
Pieter Sanders, The Work of UNCITRAL on Arbitration and Conciliation, 2nd ...
...domestic courts and arbitral tribunals, and judicial assistance in ordering evidence-taking, among others. The Supreme Court of the United Kingdom followed this approach in the case Enka Insaat Ve Sanayi...
What Should Be the Applicable Law to Arbitration Agreements?
...our request until after it heard all of the evidence. In ICC and other international arbitrations, the question of what is to be arbitrated would ordinarily be considered when drafting...
Fast Track Arbitration: A Respondent’s Perspective – Vol. 2 No. ...
...contentious debate. Recent practice evidences that the concrete lines separating human rights and international arbitration have been blurred.[1] Contrary to traditional wisdom, the arbitration community is growingly accepting that international...
Hague Rules on Business and Human Rights Arbitration: What Lies ...
Author: Hans Smit* Published: December 1998 Topics: Discovery Evidence Description: (a) For the purposes of this Article, confidential information shall mean any information, regardless of the medium in which it...
Disclosure of Trade Secrets and Other Confidential Information Article 52 ...
...to quantify in monetary terms. In intellectual property disputes there is also always a concern that the infringing party might place important evidence beyond reach, by alteration, spoliation, transfer or...
Interim Measures of Protection; Security For Claims And Costs; and ...
...possible on all five continents. Finally, based on anecdotal evidence that women may get their first appointment as an arbitrator through the appointment of an arbitral institution, I contacted a...
Articles About Racial Diversity in International Arbitration
...from the commencement of arbitration through pleadings and evidence rules to costs and the use of technology at hearings; interim measures; the nature, form and content of arbitration awards; the...
Jerome Cohen, Neil Kaplan & Peter Malanczuk, Advisory Eds., Daniel ...
...seat.[10]Conflating these terms may result in expansive judicial interference. This is evidenced by BNA v. BNB, in which the Supreme Court of Singapore had to intervene and make a ruling...