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Evidence in International Investment Arbitration (Hardcover)
Loot Price: R6,439
Discovery Miles 64 390
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Evidence in International Investment Arbitration (Hardcover)
Expected to ship within 12 - 17 working days
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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.
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