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A Guide to the IBA Rules on the Taking of Evidence in International Arbitration

Specificaties
Gebonden, 624 blz. | Engels
Oxford University Press | 1e druk, 2019
ISBN13: 9780198818342
Rubricering
Hoofdrubriek : Juridisch
Oxford University Press 1e druk, 2019 9780198818342
Verwachte levertijd ongeveer 8 werkdagen

Samenvatting

The IBA Rules on the Taking of Evidence in International Arbitration (the 'Rules') are used in the majority of international arbitration cases, regardless of the administering institution or the legal background of the parties. The updated Rules were adopted in 2010 and provide mechanisms for the presentation of documents, witnesses of fact, expert witnesses, inspections, and the conduct of evidentiary hearings. They are widely accepted by the arbitration community and have become an international applicable standard. That said, the Rules are at times unclear and open to interpretation, leading to potential disputes as to how they should be applied in practice.

This book provides a comprehensive, article-by-article commentary on the Rules, pulling together in one volume an in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and the authors' own practical experience. The authors offer practical guidance on issues that frequently arise in practice and advise practitioners on how the Rules can be applied to advance or defend particular propositions. They also analyze how the Rules work in tandem with other applicable provisions, such as the UNCITRAL Model Law, and include practical templates and checklists that practitioners can use to support their daily practice.

Specificaties

ISBN13:9780198818342
Taal:Engels
Bindwijze:gebonden
Aantal pagina's:624
Druk:1
Verschijningsdatum:10-10-2019
Hoofdrubriek:Juridisch

Over Roman Khodykin

Roman Khodykin is a Partner in the London office of the law firm Berwin Leighton Paisner LLP. Mr. Khodykin holds a Ph.D in Law and, from 2005 to 2012 he was an associate professor at the Moscow State Institute of International Relations (MGIMO), in addition to being in private practice. Recognized as a rising star by Chambers & Partners, Mr. Khodykin is a frequent speaker at seminars and conferences and has authored numerous publications on international commercial arbitration and conflict of laws. He has acted as arbitrator in cases under the ICC Rules and the Rules of the Court of Arbitration for Sport at the Russian Olympic Committee. Based in London, Mr. Khodykin advises on a wide range of litigation and arbitration matters, including commercial cases, repossession of aircraft, real estate litigation, corporate disputes and oil and gas industry cases. Mr. Khodykin has represented a broad range of clients in national and cross-border matters, including matters before the LCIA, ICSID and the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry. He has experience litigating cases before various Russian courts, including the Russian Federation Constitutional Court, the Supreme Arbitrazh Court (the highest judicial authority in Russia for commercial courts) and the Supreme Court.

Andere boeken door Roman Khodykin

Inhoudsopgave

1: Provenance and Development of the IBA Rules on Evidence
2: The Preamble
3: Definitions used in the IBA Rules on Evidence
4: Article 1: Scope of Application
5: Article 2: Consultation on Evidentiary Issues
6: Article 3: Documents
7: Article 4: Witnesses of Fact
8: Article 5: Party-Appointed Experts
9: Article 6: Tribunal-Appointed Experts
10: Article 7: Inspection
11: Article 8: Evidentiary Hearing
12: Article 9: Admissibility and Assessment of Evidence

Appendix 1: Commentary on the IBA Rules on the Taking of Evidence in International Arbitration
Appendix 2: Article 1 Roadmap
Appendix 3: Checklist of Points to Consider at the First Procedural Conference
Appendix 4: Sample Redfern Schedule
Appendix 5: Template Redfern Schedule
Appendix 6: Veeder Codes

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        A Guide to the IBA Rules on the Taking of Evidence in International Arbitration