Rules of evidence in international arbitration : an annotated guide Rules of evidence in international arbitration : an annotated guide

Rules of evidence in international arbitration : an annotated guide :عنوان

نویسنده: Nathan D. O’Malley

ناشر: Routledge - سال انتشار: 2012

قیمت: 1,680,000 ریال

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درباره این کتاب:

How evidence will be introduced, obtained, perceived, and weighed are matters of concern for all lawyers who practice in the fi eld of dispute resolution. For practitioners of international arbitration, it is no different. Nevertheless, while advocates appearing before domestic courts may attain guidance on these questions from their domestic rules on evidence, one may query as to what code those who ply their skills in international arbitration may appeal for answers? Today we are in a more fortunate position than previous decades, as this question has been partially answered with the emergence of the IBA Rules on the Taking of Evidence in International Arbitration. In the Rules one fi nds broadly accepted standards which result from a convergence between the civil and common law systems. It is this ever-increasing acceptance of the Rules (or at the very least the principles found therein) which supports the conclusion that they may be relied upon by counsel and arbitrator alike as affi rmations of correct and good evidentiary procedure. The above being said, the IBA Rules do not cover all aspects of evidentiary procedure, and one may further notice that they do not provide great detail. That we do not have a more defi ned and wider reaching code of evidence in international arbitration may be put down to any number of reasons; a central one being an overarching desire to keep the process free of too many rules and procedures. Such a rationale for keeping with the minimalist approach is valid, but, if procedural fi ghts, or disputes generally, could be avoided by simply not having rules, then there would be no such thing as the rules of war. In fact, we know that simply because the IBA Rules do not speak in detail to many issues, it does not mean that tribunals are not regularly confronted with diffi cult questions about evidentiary procedure.

دسته بندی حقوقی
موضوع اصلی حقوق تجارت
موضوع فرعی حقوق تجارت بین الملل
نویسنده Nathan D. O’Malley
مترجم
ناشر Routledge
نوبت چاپ 2
سال انتشار 2012
زبان کتاب انگلیسی
شابک 9781843119562
قطع کتاب وزیری
جلد کتاب شومیز
تعداد صفحه 419 صفحه
وزن 600 گرم
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