Download or read book Witnesses in Arbitration written by Edward Levin and published by . This book was released on 1987 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guidebook for practitioners covers basic material on choosing and readying witnesses for an arbitration case. The work uses a question-and-answer approach to discussing the handling of testimonial evidence in arbitration hearings.
Download or read book A Counsel s Guide to Examining and Preparing Witnesses in International Arbitration written by Ragnar Harbst and published by Kluwer Law International B.V.. This book was released on 2015-10-20 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mastering the art of witness examination is essential in order to prevail in international arbitration. Lawyers acting as counsel in arbitration know that witness evidence stands out from the plethora of documentary evidence in terms of uniqueness and authenticity. A vivid, first-hand live account of the events in issue exerts a strong influence on the arbitrators, and a handful of memorable testimonies can outweigh an avalanche of documents. This book shows how such mastery in the art of witness examination is accomplished. In the majority of today's international arbitrations, witness examination is modeled around the common law practice of lawyer-led questioning. Arbitration practitioners are therefore more and more expected to take charge of the examination process. Drawing on the principles of the art of advocacy in the common law tradition, this persuasive and highly engaging book sets out, in great detail, the practical techniques applicable to the use of witnesses in arbitration. The author describes such elements of witness evidence as the following: • differences between common law and civil law systems in regard to taking witness evidence; • techniques for interviewing witnesses and preparing witness statements; • question techniques for direct examination and cross-examination; • methods for developing forceful cross-examinations; • the boundaries of witness preparation; • preparing the witness for direct examination and cross-examination; • psychological risks of witness preparation; • guidelines for witnesses during direct examination and cross-examination. All topics are illustrated by way of practical examples, which also serve as a pool of useful model phrases and expressions. Practical appendices include ready-to-adapt sample documents, such as a procedural questionnaire, procedural rules and a witness statement. The book will be particularly useful for arbitration practitioners who have had little exposure to the adversarial approach to evidence and who wish to learn the ropes of lawyer-led witness examination and preparation. However, any practitioner stands to gain from applying the book's practical guidance and the author's wise counsel.
Download or read book Take the Witness Cross examination in International Arbitration written by Lawrence W. Newman and published by Juris Publishing, Inc.. This book was released on 2010-06-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.
Download or read book Case Preparation and Presentation A Guide for Arbitration Advocates and Arbitrators written by Jay E. Grenig and published by Juris Publishing, Inc.. This book was released on 2013-06-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Publication of the American Arbitration Association and the Scheinman Institute on Conflict Resolution, Cornell University Arbitration advocates uniformly place great emphasis on case preparation. Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators can be used to help prepare parties and their advocates in a wide range of arbitration cases including labor, employment and commercial arbitrations and will provide lawyers and non-lawyers alike with the focus and direction to maximize their chances of obtaining a good result in arbitration. In this book readers will find coverage on the following topics: • Developing a case theory and case theme • Commencing the arbitration process • Selecting an arbitrator and scheduling the hearing • Evaluating and presenting evidence • Preparing for the arbitration hearing • Conducting the arbitration hearing • Making and responding to objections • Examination and cross-examination of witnesses
Download or read book Take the Witness written by and published by . This book was released on 2019 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cross Examination in International Arbitration written by Kaj I Hobér and published by OUP Oxford. This book was released on 2014-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical, self-teaching guide to effective cross-examination in international arbitration. Offers an introductory or quick-reference guide to essential cross-examination techniques and how they can best be best adapted to the arbitral format.
Download or read book Missing Witnesses Missing Testimony and Missing Theories written by Howard R. Sacks and published by MICHIE. This book was released on 1988 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an analysis of the appropriate role of the labor grievance arbitrator with a focus on problematic situations in which apparently relevant information or legal arguments have not been presented by the parties to an arbitration proceeding.
Download or read book Rules of Evidence in International Arbitration written by Nathan D. O'Malley and published by Taylor & Francis. This book was released on 2019-01-16 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Witnesses in Arbitration written by Edward Levin and published by . This book was released on 1987 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guidebook for practitioners covers basic material on choosing and readying witnesses for an arbitration case. The work uses a question-and-answer approach to discussing the handling of testimonial evidence in arbitration hearings.
Download or read book Suggestions for the Practice of Commercial Arbitration written by American Arbitration Association and published by New York : Oxford University Press. This book was released on 1928 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Art of Advocacy in International Arbitration written by R. Doak Bishop and published by Juris Publishing, Inc.. This book was released on 2010-05-01 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
Download or read book A Guide to the IBA Rules on the Taking of Evidence in International Arbitration written by Roman Khodykin and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a comprehensive, article-by-article commentary on the IBA Rules on the Taking of Evidence in International Arbitration, 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.
Download or read book International Arbitration in the United States written by Laurence Shore and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Download or read book Arbitration and Oral Evidence written by Laurent Levy and published by Kluwer Law International. This book was released on 2006 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable guide for arbitrators, lawyers and anyone with an interest in arbitration procedures. the aim of Arbitration and Oral Evidence, prepared by the ICC Institute of World Business Law, is to give the reader a thorough picture of the practical issues raised by the oral presentation of evidence and to present a balanced series of solutions to the problems involved. This is the second in a series of Dossiers from the ICC Institute. See also Arbitration - Money Laundering, Corruption and Fraud and Parallel State and Arbitral Procedures in International Arbitration. The issues the evidential relationship between contemporary documentation, written testimony and oral testimony is a permanent challenge to all arbitrators and counsel in an international arbitration. However experienced the factual or expert witness may be, an oral witness has to be prepared for his testimony and a witness statement has to be written, both with legal help. the issues divide counsel and arbitrators, and there is a need for a better understanding of what is right and wrong in the interaction between written and oral evidence. Arbitration and Oral Evidence lays out the issues in a transparent and easy-to-understand way. The authors Written by expert arbitrators and practitioners, some of whom are affiliated with the ICC's Court of Arbitration, Arbitration and Oral Evidence, approaches the problems of oral evidence from several points of view, among them: Oral evidence vs documentary evidence Witness statements Benefiting from oral testimony of expert witnesses Counsel-witness relations Taken together, these observations provide a comprehensive overview of the problems and possible solutions.
Download or read book Court Assistance in the Taking of Evidence in International Arbitration written by Lorenz Raess and published by sui generis Verlag. This book was released on 2020-10-19 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although international arbitration is widely hailed as an efficient, confidential and flexible way of settling commercial disputes, it has its limits. The arbitral tribunal’s lack of coercive power is thrown into particularly stark relief when it comes to the taking of evidence from third parties outside the arbitral proceedings. If they do not comply voluntarily with the request of the arbitral tribunal to testify as a witness or disclose documents, assistance must be sought from state courts. As the success of a case hinges on the evidence that a party can obtain, it is crucial to understand how to obtain evidence through state courts. At the heart of this work is the question of the conditions under which state courts may offer assistance in international arbitral proceedings. With a special focus on Switzerland and comparative aspects, this book provides helpful tactical insights for arbitral practitioners around the world.
Download or read book Evidence in International Arbitration Proceedings written by Peter Eijsvoogel and published by Springer. This book was released on 1994-06-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second volume to appear in the new and already successful AIJA Law Library series. This volume has been prepared by members of the AIJA Standing Commission on International Arbitration under the editorship of Peter Eijsvoogel. It is intended to be a reference work for practitioners in the field of international arbitration, both counsellors and arbitrators. Twenty national reports from major jurisdictions outline the general character of the legal system in respect of ADR procedures, sources of procedural rules for arbitration, law and practice on documentary evidence and submissions, testimonial evidence and the involvement of experts. In addition, the book contains a detailed analysis of the legal rules pertaining to the taking of evidence in both civil and common law systems, and highly practical contributions relating to deposition skills.
Download or read book Confidentiality in International Commercial Arbitration written by Ileana M. Smeureanu and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: After neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted - in fact, it has become one of the most undetermined matters in international arbitration. Although 'the emperor of arbitration may have clothes, ' as one scholar has quipped, his raiments of secrecy can be 'torn with surprising ease'. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure - e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that 'veils' each phase of the arbitral process, and its ground-breaking identification of 'patterns of disclosure', this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.
