Evidence in International Investment Arbitration

Inbunden, Engelska, 2018

AvFrédéric G. Sourgens,Kabir Duggal,Ian A. Laird

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Evidence in International Investment Arbitration is a guide for practitioners representing a party in investment arbitration disputes, whilst also offering academics a perspective on the practical elements affecting the treatment of evidence in the area. The book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. It uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes. The work establishes the rules of evidence as currently recognized by investor-state arbitral jurisprudence and examines these rules of evidence against those recognized in the traditional rules of international law, as well as against those codified by the IBA Rules on the Taking of Evidence in International Arbitration. It examines the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. Chapters cover a broad range of evidence-based topics, including: burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment. Written by a small team of practitioners and academics who are expert in the field of international dispute resolution, this book is an essential comprehensive reference work for anyone working or studying in the field.

Produktinformation

Utgivningsdatum2018-03-08
Mått177 x 247 x 25 mm
Vikt742 g
FormatInbunden
SpråkEngelska
Antal sidor368
FörlagOUP OXFORD
ISBN9780198753506

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Ian A. Laird is co-chair of the International Dispute Resolution Group at Crowell & Morning LLP and an adjunct professor at Columbia University School of Law and Georgetown University Law Center. Ian is also the co-founder and Chairman of the Board of Oxford University Press's online Investment Claims platform. He serves as co-director of the International Investment Law Center (International Law Institute), and he is co-editor of the book series 'Investment Treaty Arbitration and International Law'.Kabir Duggal is a senior associate at Arnold & Porter. Kabir is a Lecturer-in-Law at Columbia University Law School and also gives lectures at Georgetown University Law Center and Fordham Law School. He serves as the head of the advisory team on matters relating to procedure on Oxford University Press's online Investment Claims platform.Frédéric Sourgens is the Director of the Oil and Gas Law Center and Professor of Law at Washburn University School of Law. He serves as Editor-in-chief for Oxford University Press's online Investment Claims platform and co-chairs the Oxford Investment Claims Summer Academy convened by Oxford University Press.

Part I: Introduction1: Situating Evidence in the Process of Investor-State ArbitrationPart II: Burden and Standard of Proof in International Investment Arbitration2: Burden of Proof in Investor-State Arbitration3: Shifting the Burden of Evidence4: Introduction to Standard of Proof in Investor-State Arbitration5: Different Standards of Proof in Investor-State ArbitrationPart III: Presumptions and Inferences6: Evidentiary Presumptions7: Iura Novit Curia and Proof of Law8: Inferences from Evidence or its AbsencePart IV: Proving your case9: Documentary Evidence and Document Production10: Witnesses and ExpertsPart V: Safeguarding the Process11: Exclusionary Rules of Evidence12: Evidence and AnnulmentAppendicesAppendix I: Evidentiary Principles in Investor-State ArbitrationAppendix II: Table summarizing the commonly recognized standards of proof In Investor-State Arbitration