Rules of Evidence in International Arbitration
An Annotated Guide
Informa Law from Routledge – 2012 – 424 pages
Series: Lloyd's Commercial Law Library
Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure.
Features & Benefits:
This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.
"… this work, from a critique of the IBA Rules (and consideration of certain UNCITRAL Rules), provides a highly interesting and well-researched international perspective on evidence in "international" arbitrations and will be a valuable new reference source." - Ian Gaunt for The London Maritime Arbitrators Association Newsletter (2012)
The book’s two key strengths are its practicality and the depth of the research. This is a book written by a hands-on practitioner, not an academic. It focuses on what really happens in arbitrations, without spending too much time on policy-level considerations as to why it is so. A good example is the book’s consideration of Article 3.3 of the IBA Rules. - Matthew Secomb, White & Case LLP, Paris, for The Paris Journal of International Arbitration (2013)
1.The Rules of Evidence and their Application 2. The Methods of Taking Evidence Not considered by the IBA Rules 3. Document Production in International Arbitration 4. Fact Witnesses in International Arbitration 5. Party Experts in International Arbitration 6. Inspections and Tribunal Appointed Experts 7. Assessing the Evidence, Burden of Proof, Inferences & Procedural Bad Faith 8. The Evidentiary Hearing 9. Objections to the Disclosure and Admissibility of Evidence
Nathan D. O’Malley has acted as counsel or arbitrator in numerous international arbitrations throughout Europe, the Middle East and North America, including matters conducted under the auspices of the ICC, NAI, WIPO, and the Permanent Court of Arbitration. He is admitted to the California bar but has practiced for over 10 years in Europe. A frequent contributor to academic journals and lecturer on the topic of international arbitration, Nathan O’Malley holds an LL.M. in international trade and business law from Erasmus University of Rotterdam, a J.D. from the University of the Pacific, McGeorge School of Law and is currently Senior Counsel with the Los Angeles firm of Gibbs, Giden, Locher, Turner & Senet.