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Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts

Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts

作者： Franco Ferrari; Friedrich Rosenfeld
出版商： Kluwer Law International
ISBN: 9789403543239
出版时间 April 2022
规格： Hardback
适应领域： International ? 免责申明：
Countri(es) stated herein are used as reference only

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About this book:

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.

What’s in this book:

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.
How this will help you:

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.

Critical acclaim:

“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
Editors

Contributors

Preface

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

Index

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