Evidence In International Litigation
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Author | : Chittharanjan Felix Amerasinghe |
Publisher | : Brill Nijhoff |
Total Pages | : 536 |
Release | : 2005 |
Genre | : Law |
ISBN | : |
The basic principles relating to the burden of proof, cooperation in the production of evidence as well as the standard of proof, among others, are examined by reference to worldwide international jurisprudence and policies.
Author | : Jeffrey Waincymer |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 1363 |
Release | : 2012-05-23 |
Genre | : Law |
ISBN | : 9041140670 |
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Author | : Mark Klamberg |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 600 |
Release | : 2013-03-27 |
Genre | : Law |
ISBN | : 900423652X |
In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.
Author | : Kabir Duggal |
Publisher | : BRILL |
Total Pages | : 65 |
Release | : 2019-01-14 |
Genre | : Law |
ISBN | : 9004390618 |
In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai explore the fundamental principles of evidence and how these principles relate to burden of proof and standard of proof. By tracing the applications of major principles recognized by the International Court of Justice and applied by investor-state tribunal jurisprudence, the authors offer valuable insight into the interpretation, understanding, and nuances of indispensable principles of evidence, an area that has been ignored in both investor-state arbitration and public international law more generally.
Author | : Karim A. A. Khan |
Publisher | : |
Total Pages | : 876 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0199588929 |
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
Author | : Nathan O'Malley |
Publisher | : Taylor & Francis |
Total Pages | : 521 |
Release | : 2019-01-16 |
Genre | : Law |
ISBN | : 1317200373 |
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.
Author | : Torsten Stirner |
Publisher | : |
Total Pages | : 508 |
Release | : 2021 |
Genre | : Evidence (Law) |
ISBN | : 9789004463127 |
"This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions"--
Author | : Frédéric Gilles Sourgens |
Publisher | : Oxford University Press, USA |
Total Pages | : 325 |
Release | : 2018 |
Genre | : Law |
ISBN | : 9780198753506 |
Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.
Author | : Brett Harrison (Lawyer) |
Publisher | : American Bar Association |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Law |
ISBN | : 9781641055086 |
Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evidence obtainable, confidentiality and privilege, alternative dispute resolution, and costs.
Author | : W. Michael Reisman |
Publisher | : Cambridge University Press |
Total Pages | : 233 |
Release | : 2014-05-08 |
Genre | : Law |
ISBN | : 1139952862 |
Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.