Evidence

64 articles available

and Paul Tan, Jawad Ahmad and Victor Steinmetz, Rajah & Tann Singapore LLP In what marks the first time where a Singapore court reviews an investment arbitral tribunal’s jurisdiction, the High Court…

By Georg von Segesser / Elisabeth Leimbacher / Katherine Bell, Schellenberg Wittmer Ltd. In two almost identical German language decisions dated 27 March 2014 (Decisions 4A_362/2013 and 4A_448/2013)…

In the early stages of an international arbitration, the arbitral tribunal should make sure that the parties understand the standard of proof that applies to each claim in the arbitration and…

By Karen Mills, Mirèze Philippe and Ileana M. Smeureanu The views expressed are those of the authors alone and should not be regarded as representative of or binding upon the institution or the law…

The recent Portuguese Voluntary Arbitration Law, which has been in force since 14 March 2012, (English version available here), was received with great enthusiasm amongst the legal community, which…

I have posted on SSRN my latest article, "Ancillary Discovery to Prove Denial of Justice" just published in the Virginia Journal of International Law. It analyzes Section 1782 discovery proceedings…

Broadly defined, the word “deposition” refers to the taking of a “written record of a witness’s out-of-court testimony.” (Bryan A. Gardner, Black’s Law Dictionary, 8th edition , p. 472.) This general…

The addition of the good faith requirement to the 2010 IBA Rules on the Taking of Evidence in International Arbitration has been criticized in a recent law review article.  In Good Faith, Bad Faith,…

Conventional wisdom holds that one of the virtues of international arbitration is the ability to blend divergent procedures, generally referring to civil and common law traditions. The IBA Rules of…