Evidence in international arbitration

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Malaysia—High Court issues anti-arbitration injunction against London arbitration and rejects parallel application to stay court proceedings (MISC Berhad v Cockett Marine Oil (Asia))

Unsuccessful challenge against Singapore arbitral award? No presumption of indemnity costs (CDM v CDP)

The following Arbitration news provides comprehensive and up to date legal information on Unsuccessful challenge against Singapore arbitral award? No presumption of indemnity costs (CDM v CDP)

Switzerland—no requirement of retrial after resignation of an arbitrator (Swiss Federal Tribunal 4A_332/2020)

The following Arbitration news provides comprehensive and up to date legal information on Switzerland—no requirement of retrial after resignation of an arbitrator (Swiss Federal Tribunal 4A_332/2020)

Arbitration weekly highlights—13 May 2021

The following Arbitration news provides comprehensive and up to date legal information on Arbitration weekly highlights—13 May 2021

Featured Arbitration content

International arbitration clauses—ad-hoc

Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts....

Partial awards in arbitration

Parties to an arbitration may wish to make an application to the arbitral tribunal for an award to be made on a specific issue that forms part of the...

International arbitration—key differences between international and domestic arbitration

In many jurisdictions, there are relatively few substantive differences between pursuing international arbitration or domestic arbitration...

Arbitration agreements—the doctrine of separability (England and Wales)

This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout)....

Practice notes

International arbitration—an introduction to the key features of international arbitration

This Practice Note provides an introduction to some of the key features of international arbitration. Practice Note: Arbitration—an introduction to...

Produced in partnership with Thirty Nine Essex Street 12th Jan

Practice notes

Hong Kong—example arbitration clauses

This Practice Note provides examples of two arbitration clauses or agreements (one for ad hoc arbitration and one for arbitration administered by the...

9th Nov

Practice notes

Insurance and reinsurance arbitration—an introduction

Arbitrations arising from insurance and reinsurance disputes share many common features with other types of commercial arbitration. This Practice Note...

Produced in partnership with Ralph Morley of 7KBW 12th Jan

Practice notes

Investment treaty arbitration—an introduction

STOP PRESS: This Practice Note is being reviewed in light of the 5 May 2020 agreement by most EU Member States to terminate their intra-EU bilateral...

Produced in partnership with Joe Tirado, Partner of Garrigues UK LLP and Elisa Vicente, Senior Associate of J&A Garrigues, S. L. P. 12th Jan

Practice notes

Revised ICC Arbitration Rules for 1 January 2012 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.The International Chamber of Commerce Arbitration Rules 2012 are referred to as...

9th Nov

Practice notes

Maritime arbitration—an introduction

Maritime arbitration is a recognised branch of dispute resolution in international trade and commerce.Maritime affairs to which consensually agreed...

Produced in partnership with Peter McQueen 12th Jan

Practice notes

Arbitral awards—types and requirements

Note: some of the guidance in this Practice Note was developed from content originally produced in partnership with CMS.This Practice Note considers...

Produced in partnership with Farrer & Co 12th Jan

Practice notes

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Precedents

Redfern schedule—arbitration

Example Redfern scheduleSet out below is an example of a Redfern schedule of the type commonly used for the exchange of requests for documentation...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

Evidence in international arbitration—the IBA Rules on the Taking of Evidence in International Arbitration

The IBA Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules) are routinely adopted in international arbitration...

Produced in partnership with 39 Essex Chambers 12th Jan

Practice notes

Arbitrability in international arbitration

It is considered a general principle that arbitration may be used to resolve almost any type of claim or dispute concerning legal rights. This has...

9th Nov

Practice notes

LMAA—costs

The London Maritime Arbitrators Association (LMAA) Terms 2017 (the Terms) apply to arbitrations commenced on or after 1 May 2017 where the parties...

Produced in partnership with Shawn Kirby of Wikborg Rein 12th Jan

Practice notes

Umbrella clauses in investment treaty arbitration

What is an umbrella clause?An umbrella clause (known also as an umbrella agreement or an observance of undertakings clause) is a provision in a...

Produced in partnership with Ben Sanderson 12th Jan

Practice notes

Institutional arbitration—an introduction to the key features of institutional arbitration

What is institutional arbitration?An institutional arbitration is one that is administered by an institution agreed upon by the parties and conducted...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Practice notes

A quick guide to the arbitration process

This Practice Note provides a quick guide to the arbitration process while recognising that there is no set framework or order for arbitration...

9th Nov

In-house

Practice notes

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties...

Produced in partnership with Simmons & Simmons LLP 12th Jan

Most recent Evidence in international arbitration content

Practice notes

Section 1782 discovery in support of international arbitration from US district courts (28 USC § 1782)

Section 1782 discovery in support of international arbitration from US district courts (28 USC § 1782)What is Section 1782 discovery?US statutory law...

Produced in partnership with Carlos Ramos-Mrosovsky of Alston & Bird 13th May

Practice notes

Witness conferencing in arbitration

An introduction to witness conferencing in arbitrationWitness conferencing (also known as ‘hot-tubbing’ or ‘concurrent evidence’) is a process of...

Produced in partnership with WilmerHale 7th May

Practice notes

Document production in international arbitration a practical guide

This Practice Note provides practical guidance on document production in international arbitration proceedings. It addresses the two main forms of...

Produced in partnership with Courtney Lotfi of Dentons 7th May

Practice notes

LMAA—evidence

The London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) apply to arbitrations commenced on or after 1 May 2021 where the parties...

Produced in partnership with Shawn Kirby of Wikborg Rein 6th May

Practice notes

The role of documentary evidence in arbitration

Documentary evidence is essential to the resolution of disputes in international arbitration. It is widely recognised as being of greater...

Produced in partnership with Simmons & Simmons 7th Apr

Practice notes

Expert witnesses in arbitration

The role of the expert witness in arbitration is broadly the same as that of the expert in court or litigation proceedings. Whether appointed by the...

1st Apr

In-house

Practice notes

Preparing witness evidence for arbitration

This Practice Note provides guidance on how to prepare witness evidence for arbitration proceedings. As with documentary evidence, the procedure for...

Produced in partnership with Simmons & Simmons 1st Apr

In-house

Practice notes

ICC (2021)—evidence and hearings

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Simmons & Simmons 22nd Mar

Practice notes

ICDR Rules (2014)—evidence

STOP PRESS: This content is under review in light of the revisions to the ICDR International Dispute Resolution Procedures, which take effect on 1...

Produced in partnership with Timothy Tyler (Houston), Laurel S. Fensterstock (New York), and Logan Lewis (New York) of Vinson & Elkins LLP 19th Mar

Practice notes

AAA Commercial Rules—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Tim Tyler and Aislinn Affinito of Vinson & Elkins LLP Houston & DC 18th Mar

Practice notes

DIAC—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

17th Mar

Practice notes

CIETAC (2015)—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Kevin Hong of Norton Rose Fulbright 12th Mar

Practice notes

Swiss Rules—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with LALIVE 11th Mar

Practice notes

LCIA (2014)—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

9th Mar

Practice notes

SIAC (2016)—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Mr Alvin Yeo, Senior Counsel, Chairman & Senior Partner of Wong Partnership LLP, Singapore 9th Mar

Practice notes

Vienna Rules (2018)—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Dr Michael Nueber of Gasser Partner Attorneys at Law 9th Mar

Practice notes

HKIAC (2018)—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual...

Produced in partnership with Terence Wong of Winston & Strawn LLP 9th Mar

Practice notes