Author: Peter Ashford Publisher: Cambridge University Press ISBN: 1316684180 Category : Law Languages : en Pages : 159
Book Description
The guidelines on party representation are one of three key publications published by the IBA and are commonly referred to or adopted as good practice in international arbitration. This user-friendly handbook to the guidelines will benefit the understanding and practical application of arbitration protocol in the legal community. Written by a respected and experienced arbitration practitioner, this is a companion volume to The IBA Rules on the Taking of Evidence in International Arbitration (2013) and combines commentary from the drafting committee, additional analysis of the guidelines and tabular comparative material addressing the interaction with Major Professional Conduct Rules and Major Institutional Rules. It is a convenient and invaluable resource for best practice on the duties of arbitrators, institutions and other representatives in this field.
Author: Amr Saied Publisher: GRIN Verlag ISBN: 3346999726 Category : Political Science Languages : en Pages : 322
Book Description
Master's Thesis from the year 2023 in the subject Politics - International Politics and Country Analyses, grade: 1,7, , language: English, abstract: This thesis explores the success and enduring relevance of the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration. Interestingly enough, while the IBA Rules suggested a very well-developed regime for the taking of documentary evidence, most of the focus of arbitration scholars was mainly about its notable mechanic that grant parties the possibility of obtaining documents from the adverse party. While it is understood why such sophisticated mechanic would attract the attention of scholars, it is still crucial to acknowledge that such mechanic is just one facet of a comprehensive and multifaceted system. Accordingly, the thesis attempted to englobe the whole regime of the taking of documentary evidence under the IBA Rule while following at the same time a structural approach that respect the natural progression the arbitration procedure and adheres to the methodological reasoning suggested by the IBA Rules. With that being said, the dissertation starts by emphasizing the particular problem that international arbitration poses in regards to the production of documentary evidence as it involves parties, counsels and arbitrators coming from different legal systems. In this sense, the IBA Rules attempted to provide mechanics that combines the best of both words and potentially may satisfy all the participants whatever is their origins. Such unique approach can be seen through 2 main level: The ethical practices that should be adhered to by the different participants and the investigation practices within the arbitration proceedings Even though the mechanics of presenting and collecting evidence is arguably the most important task that parties are expected to perform, Without the right approach to the appraisal of documentary evidence, such contribution would inevitably be redundant. In this context, it seems that the IBA Rules followed a cautious approach by conferring significant discretion to the arbitral tribunal when it comes to the appraisal of documentary evidence. The term "appraisal" in this context was intended to encompass both the admissibility and assessment of evidence, as addressed in the IBA Rules. However, it is important to note that these two phases possess distinct characteristics, despite often being conducted simultaneously by arbitrators in practice. Nevertheless, for the sake of clarity and methodological analysis, the thesis attempted dug in depth in each phase independently.
Author: Publisher: Kluwer Law International B.V. ISBN: 9041194460 Category : Law Languages : en Pages : 1120
Book Description
Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?
Author: James M. Gaitis Publisher: Juris Publishing, Inc. ISBN: 1937518302 Category : Arbitration agreements, Commercial Languages : en Pages : 626
Book Description
This third edition of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration has been substantially expanded not only to ensure that it is up to date but, also, to incorporate several new chapters on diverse subjects, including intratribunal relations, arbitrators’ fees, eDiscovery, and hybrid arbitration processes. Summary of New Material •Twice as long as the second edition •Substantial revision and expansion of existing chapters •Four new chapters (Arbitrators Fees & Expenses, eDiscovery, Intratribunal Relations, Hybrid Arbitration Proceedings) •Updated to take into account evolving case law and to address newly emerging issues relating to the management of commercial arbitrations •Comparative tables regarding certain aspects of in major international rules and international arbitration institution policies •Revised to take into account: ♦The new 2013 CPR Administered Arbitration Rules ♦The 2013 revisions to the AAA Commercial Rules ♦Various protocols and guidelines relating to domestic commercial arbitration ♦The 2011 revisions to the JAMS International Rules ♦The 2012 revisions to the ICDR Articles ♦The 2010 revisions to the UNCITRAL Rules ♦The 2013 IBA Guidelines on Party Representation in International Arbitration ♦The 2010 revisions to the IBA Rules on the Taking of Evidence in International Arbitration ♦Various protocols and guidelines relating to domestic commercial arbitration The aim of the Guide is to identify best practices that arbitrators can employ to provide users of arbitration with the highest possible standards of economy and fairness in the disposition of business disputes. This third edition of the Guide refines the guidance contained in the first and second editions to take into account developing case law, revised institutional rules, advancements in arbitration techniques and thinking, and also addresses newly evolving issues such as electronic discovery. There are significant differences in the ways in which arbitrations are conducted in different substantive fields of commerce and among different arbitrators in the same field. Techniques that are appropriate and useful in one case may be quite unsuited to another. For this reason, it is not possible to prescribe a single set of best practices that commercial arbitrators should invariably follow in every case. Rather, this Guide attempts to identify the principal issues that typically arise in each successive stage of an arbitration and to explain the pros and cons of various preferred ways of handling each issue. From this perspective, the best practice for an arbitrator is to carefully consider the merits of alternative techniques available for dealing with a particular issue and to then select the technique best suited to the situation. In addition, the Guide attempts to identify the full array of practices available for use in complex arbitrations, which can be adapted and streamlined for simpler cases. Formed in 2001, the College of Commercial Arbitrators is a non-profit organization composed of prominent, experienced commercial arbitrators who believe that a national association of commercial arbitrators can provide a meaningful contribution to the profession, to the public, and to the businesses and lawyers who depend on arbitration as a primary means of dispute resolution. Its mission includes promoting professionalism and high ethical practice in commercial arbitration, adopting and maintaining standards of conduct, providing peer training and professional development, and developing and publishing "best practices" materials. This work is the College's principal vehicle for fulfilling several aspects of its mission. Many seasoned and knowledgeable practitioners generously contributed their time and insights to the creation of this Guide.
Author: Peter Ashford Publisher: Cambridge University Press ISBN: 1139620509 Category : Law Languages : en Pages : 193
Book Description
The IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.
Author: Nathan D. O'Malley Publisher: Taylor & Francis ISBN: 1317200373 Category : Law Languages : en Pages : 568
Book Description
Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.
Author: Peter Ashford Publisher: Cambridge University Press ISBN: 1107161665 Category : Law Languages : en Pages : 159
Book Description
Peter Ashford provides a unique guide for the understanding and implementation of party representation guidelines in international arbitration. Combining detailed discussion and commentary on the guidelines, this is an invaluable resource for arbitrators and international arbitral institutions around the world in investment and commercial arbitration disputes.
Author: Thomas H. Webster Publisher: Sweet & Maxwell ISBN: 0414044630 Category : Law Languages : en Pages : 1017
Book Description
Handbook of ICC Arbitration provides expert analysis of the whole process of using and adhering to the ICC Arbitration Rules. It examines close up the diverse issues that can occur during an arbitration and hosts essential information related to arbitration on an international level with reference to published and unpublished awards and procedural orders, as well as to many decisions of national courts.