Rules of Evidence in International Arbitration

An Annotated Guide

Nathan O'Malley

• Publisher: Informa Law from Routledge
• Year: 2019
• eBook ISBN: 9781317200376
• Edition: 2
• Topic: Law
• Subtopic: Alternative Dispute Resolution
• Index: Law

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.

Table of contents

• Cover
• Half Title
• Series
• Title
• Copyright
• Contents
• About the Author
• Foreword
• Preface
• Table of cases and arbitrations
• Table of legislation, conventions and rules
• Abbreviations and acronymns
• Chapter 1 The rules of evidence and their application
• Chapter 2 Depositions, interrogatories and judicial notice
• Chapter 3 Document production in international arbitration
• Chapter 4 Witnesses of fact
• Chapter 5 Party-appointed experts
• Chapter 6 Tribunal-appointed experts and inspections
• Chapter 7 Assessing the evidence, burden of proof, adverse inferences and procedural good faith
• Chapter 8 Evidentiary hearing
• Chapter 9 Disclosure and admissibility of evidence
• Appendix 1 IBA Rules on the Taking of Evidence in International Arbitration: The Rules
• Appendix 2 Uncitral Arbitration Rules (2010): Resolution Adopted by the General Assembly [on the report of the Sixth Committee (A/65/465)] 65/22. Uncitral Arbitration Rules as Revised in 2010
• Appendix 3 Hwang Model Procedural Order on Confidentiality
• Appendix 4 The confidentiality undertaking for third-party experts – Chemtura Corporation v Government of Canada
• Appendix 5 IBA Guidelines on Party Representation in International Arbitration
• Index