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Arbitration Evidence International Arbitration

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
JAMS

Making Arbitration More Efficient Is the Responsibility of All Participants

JAMS on

The arbitral procedure shall provide a fair and efficient process for resolving a dispute, and it should be conducted in a manner that avoids unnecessary delays and expenses. However, users of both domestic and international...more

K&L Gates LLP

Dubai Court of Cassation Holds Clause Providing for Court Provisional Measures Not a Waiver of Arbitration Agreement

K&L Gates LLP on

Introduction - The Dubai Court of Cassation (Court of Cassation) in Case No. 296 of 2024 vacated the decision of the Dubai Court of Appeal (Court of Appeal) in Commercial Appeal No. 2284/2023, in which the Court of Appeal...more

IMS Legal Strategies

The Crucial Role of Expert Evidence in Complex International Arbitration

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In an era when companies from Boston are as likely to do business with Beijing as Baltimore, and a Seoul firm has regular commerce with Sao Paulo and Santiago, the means by which corporations and countries hammer out their...more

BCLP

BCLP Arbitration Survey 2023 - AI in IA: the Rise of Machine Learning

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Welcome to the results of our Arbitration Survey 2023 on the use of Artificial Intelligence in International Arbitration. In keeping with this year’s survey topic, we asked a generative AI tool to compose an introductory...more

Troutman Pepper Locke

SCOTUS Resolves Section 1782 Controversy: Courts Cannot Order Discovery in Most International Arbitrations

Troutman Pepper Locke on

On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more

BakerHostetler

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

BakerHostetler on

In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more

Schwabe, Williamson & Wyatt PC

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare,...

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more

K&L Gates LLP

HUB Talks: Discussing Expert Evidence in International Arbitration with Professor Doug Jones AO

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Chambers & Partners say of Professor Jones that "He is regarded by many as ‘the leading construction arbitrator in the world’". In this Podcast we discuss with Professor Jones his thoughts on different ways to more...more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782.  The Court granted...more

K&L Gates LLP

HUB Talks: Arbitration World: Fact Witness Evidence in International Arbitration: Is Change on the Horizon?

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Ian Meredith of K&L Gates, Paul Key QC of Essex Court Chambers, and Eduardo Damião Gonçalves of Mattos Filho discuss the issues raised by the ICC Task Force report into fact witness evidence amid the concerns over the...more

BCLP

BCLP Arbitration Survey 2021: Expert Evidence in International Arbitration

BCLP on

This year’s survey considers the role of party-appointed experts in international arbitration: a topic that has been the subject of debate for a number of years. Party-appointed expert evidence is an established feature...more

Troutman Pepper Locke

Int'l Arbitration Rules Revision Reflects Flexible Approach

Troutman Pepper Locke on

On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration. Originally published in...more

TransPerfect Legal

Technology in Arbitration: Thoughts from the 2021 ICC Prague Arbitration Day

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Whilst the world has been physically isolating thanks to the pandemic, lockdown has triggered a sharp increase in online knowledge sharing. I was honoured to speak at such an event recently: the ICC’s Arbitration Day ‘in’...more

JAMS

No Reason to Fear Discovery in International Arbitration Seated in the United States

JAMS on

The potential for prolonged, overly burdensome and expensive discovery in both domestic and international arbitration seated in the United States has been a major concern among commercial entities and their counsel for many...more

Orrick, Herrington & Sutcliffe LLP

The Revision of the IBA Rules on the Taking of Evidence in International Arbitration: Catching Up With Reality

On 15 February 2021, the International Bar Association (the IBA) released its updated Rules on the Taking of Evidence in International Arbitration (the IBA Rules or the Rules).  The updated Rules were adopted on 17 December...more

Troutman Pepper Locke

2020 Updated to the IBA Rules: Modest Changes for Challenges New and Old

Troutman Pepper Locke on

On February 15, 2021, the International Bar Association (IBA) released the long-awaited 2020 update to its highly influential Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). Known for their...more

Jones Day

Witness-Gating: Arbitrator's Denial of Witness Evidence at Hearing Deemed Breach of Natural Justice in Singapore

Jones Day on

While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more

Sheppard Mullin Richter & Hampton LLP

GDPR and International Arbitration at a Crossroad

The International Council for Commercial Arbitration (ICCA) and the International Bar Association (IBA) have established a Joint Task Force on Data Protection in International Arbitration Proceedings. The task force will...more

White & Case LLP

The ADGM Arbitration Guidelines: bridging the procedural divide between civil and common law arbitrations

White & Case LLP on

On 17 September 2019, the Abu Dhabi Global Market (ADGM) Arbitration Centre launched the ADGM Arbitration Guidelines. The ADGM Arbitration Guidelines have been developed to provide end-users of arbitration, practitioners, and...more

Sheppard Mullin Richter & Hampton LLP

The Benefits of the International Commercial Courts of Paris in French-American Commercial Litigations

On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations. These chambers are known as the...more

Hogan Lovells

Seminar round-up: Cybersecurity and the internet in International Investment Arbitration

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On 11 April 2019 the Hogan Lovells International Arbitration team hosted a seminar on cybersecurity and the internet in International Investment Arbitration. It was a thoroughly interesting and informative session. ...more

Akin Gump Strauss Hauer & Feld LLP

Launch of the “Prague Rules”: an Attempt to Improve Efficiency in International Arbitration

In December 2018 the “Prague Rules” were released, providing users of international arbitration with suggested streamlined procedures aimed at increasing speed and reducing cost. It is intended that this will be achieved...more

Hogan Lovells

New effort to control time and cost in arbitration – the Prague Rules

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The draft ‘Rules on the Efficient Conduct of Proceedings of International Arbitration’ (the “Prague Rules“), which were released on 1 September 2018, makes for sombre reading for users of arbitration. ...more

Hogan Lovells

The long reach of US discovery: Commercial Court allows enforcement of 28 USC §1782 discovery order

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In recent years, US federal procedural law has emerged as a powerful weapon in cross-border disputes. In particular, section 1782 of Title 28 of the United States Code (28 USC §1782) allows district courts in the US to order...more

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