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

Edited by: Franco Ferrari, Friedrich Rosenfeld

ISBN13: 9789403543239
Published: April 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £154.00



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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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
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