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

Author: Julian Bickmann
Publisher: Kluwer Law International
ISBN: 9789403518862
Published In: December 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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