...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...
Search Results for : Evidence
...(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...
Arbitral Subpoenas under U.S. Law and Practice – Vol. 14 ...
...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,...
Interim Measures in International Arbitration: The Case for Applying High ...
...curiosity and openness to interdisciplinary learning. This broader perspective enhances the arbitrator’s ability to evaluate evidence, understand the practical implications of contractual arrangements, and craft reasoned awards. Moreover, intellectual humility—another...
Humanism and Responsibility in Arbitral Decision-Making Lessons from Letters to ...
...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 ...
...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 ...
...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?
...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...
Key Considerations in Drafting Dispute Resolution Clause in the COVID ...
...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...