Arbitration / Mediation / Litigation

Rules of Evidence in International Arbitration: An Annotated Guide, 2nd Edition

By Nathan D. O’Malley
Informa Law February 2019

Specifications

ISBN-13
9781138674738
Publisher
Informa Law
Publication
February 2019
Format
Hardback , 397 pages
Jurisdiction
International ? Countri(es) for reference only

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Details

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

Chapter 1              The Rules of Evidence and their Application
Chapter 2              The Methods of Taking Evidence Not considered by the IBA Rules          
Chapter 3              Document Production in International Arbitration      
Chapter 4              Fact Witnesses in International Arbitration   
Chapter 5              Party Appointed Experts in International Arbitration     
Chapter 6              Inspections and Tribunal - Appointed Experts 
Chapter 7              Assessing the Evidence, Burden of Proof, Inferences & Procedural Bad Faith
Chapter 8              The Evidentiary Hearing    
Chapter 9              Objections to the Disclosure and Admissibility of Evidence
 
Appendices                                              

  • IBA Rules 2010
  • UNCITRAL Rules (2010)
  • UNCITRAL Model Law (2006)
  • HWANG Model Procedural Odrer on Confidentiality
  • Various Model Procedural Orders Concerning Evidence

About the Author

Nathan D. O’Malley has acted as counsel or arbitrator in numerous international arbitrations throughout Europe, the Middle East and North America, including matters conducted under the auspices of the ICC, NAI, WIPO, and the Permanent Court of Arbitration. He is admitted to the California bar but has practiced for over 10 years in Europe. A frequent contributor to academic journals and lecturer on the topic of international arbitration, Nathan O’Malley holds an LL.M. in international trade and business law from Erasmus University of Rotterdam, a J.D. from the University of the Pacific, McGeorge School of Law and is currently a partner with the international arbitration boutique, Conway & Partners, in Rotterdam, the Netherlands.

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