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Handbook of Evidence in International Commercial Arbitration

Key Issues and Concepts

Paperback, blz. | Engels
Kluwer Law International | 1e druk, 2022
ISBN13: 9789403543239
Hoofdrubriek : Juridisch
Kluwer Law International 1e druk, 2022 9789403543239
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Handbook of Evidence in International Commercial Arbitration is a nonpareil compendium by a diverse group of distinguished arbitration practitioners and academics assessing how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not be on the same page as to how an arbitral tribunal ought to proceed in this regard.

This book addresses the following key concepts and issues related to evidence in arbitration:
- the normative framework on evidence in arbitration proceedings;
- the burden and standard of proof;
- means of evidence, including documents, experts, and witnesses;
- questions of admissibility, including issues of privilege and confidentiality;
- the assessment of evidence and its probative value; and
- court assistance and sanctions.

With its in-depth and systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will prove to be a matchless and undisputed point of reference for academics and practitioners alike.

“This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” - Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration

“This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” - Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee






Part I Introduction
CHAPTER 1 Cultures and the Taking of Evidence
Julian D.M. Lew QC & Simona Valkova
CHAPTER 2 The Normative Framework on the Taking of Evidence
Stefan Kröll
CHAPTER 3 The Interplay Between the Post-award and the Pre-award Regimes with Respect to a Tribunal’s Treatment of Evidentiary Issues
Franco Ferrari & Friedrich Rosenfeld

Part II Burden and Standard of Proof
CHAPTER 4 Demystifying the Burden of Proof in International Arbitration
Richard Garnett
CHAPTER 5 Standard of Proof in International Commercial Arbitration
Ina C. Popova & Lisa Wang Lachowicz
CHAPTER 6 Iura Novit Curia
Giuditta Cordero-Moss

Part III Means of Evidence
CHAPTER 7 Documentary Evidence
Roman Khodykin
CHAPTER 8 Party-Appointed Experts in International Commercial Arbitration: A Necessity or a Nuisance?
Mohamed S. Abdel Wahab
CHAPTER 9 Tribunal-Appointed Experts in International Arbitration
Jonathan Lim
CHAPTER 10 Witnesses
Ragnar Harbst
CHAPTER 11 Hearing
Darius Chan & Gerome Goh

Part IV Admissibility of Evidence
CHAPTER 12 Admissibility Issues Related to the Origin of the Evidence
Timothy G. Nelson
CHAPTER 13 Evidentiary Privileges
Klaus Peter Berger
CHAPTER 14 Confidentiality, Privacy and Data Protection in International Commercial Arbitration
Leon Trakman

Part V Assessment of Evidence
CHAPTER 15 Assessing the Probative Value of Evidence
James M. Hosking
CHAPTER 16 Adverse Inferences
Jeremy K. Sharpe

Part VI Enforcement and Sanctions
CHAPTER 17 National Court Assistance in the Taking of Evidence in Support of Commercial Arbitral Proceedings
Elliot Friedman, David Y. Livshiz & Olivia Greene
CHAPTER 18 Costs and Other Sanctions
Hattie R. Middleditch


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