...whether the harmed business had been operating as a “going concern”. This requires looking into whether the claimant’s business has shown evidence of past data showing a stream of revenue...
...and freely disposable nature. It was also affirmed that there was no evidence that the award recognition would threaten or harm Colombian international public policy, being understood, in line with...
...aside an award only in specific situations, such as when there is evidence of a breach of due process or corruption affecting the award (BAA, Article 32). The grounds for...
...assumptions about international arbitration, most notably that 95% of survey respondents would continue to use international arbitration to resolve their commercial disputes. The 2008 Survey presents empirical evidence for the...
...evidence was insufficient grounds to delay the execution of an award. However, the judiciary has not been so liberal in every case. In National Agricultural Co-operative Marketing Federation of India...
...the United States . . . there is no evidence that ICBC is attempting to circumvent foreign proof-gathering restrictions; and on their face, the proposed subpoenas do not appear unduly...
...parties or attorneys even after several days of hearings; did not take notes or look at the exhibits in the highly technical case; misstated evidence; and repeatedly appeared to doze...
...is that a party can no longer argue the bogie of an existing criminal proceeding on the same subject matter as evidence of “serious fraud.” The Court explained this position...
Articles Obtaining Evidence From Non-Parties In International Arbitration In The United States Report Of The International Commercial Disputes Committee Of The Association Of The Bar Of The City Of New...
PRACTICE SESSION A MODEL FEDERAL ARBITRATION SUMMONS TO TESTIFY AND PRESENT DOCUMENTARY EVIDENCE AT AN ARBITRATION HEARING International Commercial Disputes Committee and the Arbitration Committee of the Association of...
...Arbitral Tribunal Rights Pertaining to the Conduct of Proceedings Basic Standards of Due Process Hearing Evidence Experts Description: This article explores practical ways of addressing respondents’ non-participation in international arbitration....
...in the wrong, was ruled against in the arbitration. That party’s unhappiness is then not justified. On other occasions, dissatisfaction may well be justified. The best evidence of this is...
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