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Fact-Finding in International Arbitration: The Emergence of a Transnational Lex Evidentiae


ISBN13: 9789403518862
Published: December 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £160.00



Low stock.

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Fact-Finding in International Arbitration is a first-of-its-kind book analysing the contours of an emerging transnational law of fact-finding that pledges to significantly enhance the efficiency and reliability of the crucial arbitral procedure. Establishing a factual basis for applying the law can be extraordinarily challenging, perhaps more so in international arbitration than in any other proceedings, due to the very different notions of fact-finding that reign among jurisdictions.

What’s in this book:

The author, emphasising bases that manifest current (but fluid) transnational practice, congregates a viable lex evidentiae from a thorough examination and synthesis of the following bodies of source material:

  • published arbitration proceedings and awards
  • the general framework of fact-finding issues as provided for under the arbitration acts of England and Wales, the United States, Germany, Brazil, Spain, Switzerland, Austria, and Italy, as well as under the Model Law
  • fact-finding stipulations under UNCITRAL Arbitration Rules as well as under various institutional rules
  • soft law (such as the IBA Rules, Prague Rules, ALI/UNIDROIT Principles of Transnational Civil Procedure)
  • best practices as captured by legal commentary, and
  • investment arbitration proceedings, where many decisions and awards are publicly available nowadays

The analysis process fully elaborates a detailed description and analysis of the implication of fact-finding, including gathering facts and evidence.

How this will help you:

Considering that defining the disagreements between the parties and determining the truth is a vital task of international arbitration proceedings, the international arbitration community must be able to count on a robust, consistent, and predictable, albeit flexible and adaptive, set of fact-finding rules. Against this background, the present book furnishes an inventorying of current practices and contributes to fulfilling the need for legal certainty and reliability in international arbitration.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
List of Abbreviations
Acknowledgements
Introduction
CHAPTER 1. Conceptual Foundations of Transnational Fact-Finding Rules
CHAPTER 2. Introduction of Facts into the Proceedings
CHAPTER 3. Proving Facts
CHAPTER 4. Results of the Study
Bibliography
Table of Cases
Table of Arbitral Awards and Decisions
Index

Series: International Arbitration Law Library

Transnational Due Process and Article V(1)(b) of the New York Convention (eBook) ISBN 9789403524474
Published June 2024
Kluwer Law International
£162.00
(ePub)
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Transnational Due Process and Article V(1)(b) of the New York Convention ISBN 9789403524375
Published June 2024
Kluwer Law International
£162.00
Early Determination of Jurisdiction (eBook) ISBN 9789403502786
Published March 2024
Kluwer Law International
£157.00
(ePub)
Buy
Early Determination of Jurisdiction ISBN 9789403502687
Published March 2024
Kluwer Law International
£157.00
£160.00
(ePub)
Buy
Contract Law in International Commercial Arbitration (eBook) ISBN 9789403510668
Published November 2022
Kluwer Law International
£160.00
(ePub)
Buy
Contract Law in International Commercial Arbitration ISBN 9789403510361
Published November 2022
Kluwer Law International
£160.00
£165.00
(ePub)
Buy
The Bona Fide Investor: Corporate Nationality and Treaty Shopping in Investment Treaty Law ISBN 9789403541853
Published December 2021
Kluwer Law International
£165.00
Autonomous Versus Domestic Concepts under the New York Convention (eBook) ISBN 9789403531748
Published March 2021
Kluwer Law International
£173.00
(ePub)
Buy
Autonomous Versus Domestic Concepts under the New York Convention ISBN 9789403531731
Published March 2021
Kluwer Law International
£173.00
£167.00
(ePub)
Buy
£167.00
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
£148.00
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
£144.00
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
£164.00
The Functions of Arbitral Institutions (eBook) ISBN 9789041162205
Published August 2016
Kluwer Law International
£189.00
(ePub)
Buy
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
£189.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£204.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£211.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£217.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£204.00
£204.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£204.00
£204.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£204.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£204.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£185.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£185.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£185.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£231.00
£182.00
£197.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£177.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Out of print
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£187.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£239.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£187.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£257.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£300.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£154.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£207.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£195.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print
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