Part VI Discovery and Document Production, 17 Meeting the Requirements of Article 3(3) of the IBA Rules: Recommendations for Successful Requests for Document Production

2016 ◽  
Author(s):  
McNeill Mark ◽  
Ryan Margaret Clare
Keyword(s):  
Cost Effective ◽  
Documentary Evidence ◽  
Practical Application ◽  
International Arbitration ◽  
Fair Process ◽  
Opposing Party ◽  
Arbitral Proceedings ◽  
Bar Association

The International Bar Association (IBA) Rules on the Taking of Evidence, first issued in 1999, were designed as a tool for parties and for arbitrators to promote ‘an efficient, economical, and fair process for the taking of evidence in international arbitration’. Article 3 of these Rules, concerning the taking and presentation of documentary evidence, is arguably the central provision given the important role played by documentary evidence in international arbitral proceedings compared to other means of evidence. However, disputing parties often debate the practical application and interpretation of Article 3-particularly relating to Article 3.3, which sets forth the positive requirements that a party must meet when submitting a request to produce documents that are in the control of an opposing party (a ‘Request to Produce’). This chapter explores the most debated criteria of Article 3.3 in order to identify the characteristics of a well-drafted Request to Produce. Meeting the Article 3.3 requirements will assist a party in advancing its case by obtaining the production of vital and specific documents in an adversary’s possession. It will also promote an efficient and cost-effective process of taking evidence in international arbitration.

Arbitrability of Cartel Damages Claims in the European Union

2020 ◽  
Vol 37 (1) ◽  
pp. 127-138
Author(s):  
Renato Nazzini
Keyword(s):  
European Union ◽  
International Business ◽  
Cost Effective ◽  
Business Community ◽  
Legal Systems ◽  
The European Union ◽  
International Arbitration

In this article, I decided to discuss the topical question of whether and, if so, in what circumstances, cartel damages claims can be arbitrated in the European Union. International arbitration plays a central role in resolving disputes in the international business community. It is often considered speedier and more cost-effective than litigation. It gives the parties a similarly final and enforceable award to litigation, but with considerable advantages in terms of the choice of the arbitrators, procedural flexibility and neutrality of the forum. As such, it is considered favourably by most legal systems.

The Status of the Testimony of the Non-Appearing Witness in International Arbitration

2020 ◽  
Author(s):  
Chester Brown ◽  
Patrick Still
Keyword(s):  
Arbitral Tribunal ◽  
Documentary Evidence ◽  
International Arbitration ◽  
The Status

Abstract A problem that arises from time to time in international arbitration proceedings is how an arbitral tribunal is to deal with the evidence of a non-appearing witness. The applicable rules of arbitration typically confirm that the tribunal has the authority to determine (e.g.) the “admissibility, relevance, materiality and weight of the evidence offered,” but they rarely go any further than this. The purpose of this article is to seek to provide guidance to tribunals by reviewing the available arbitral practice. This reveals that there are circumstances in which tribunals have adopted broadly consistent approaches to the status of the non-appearing witness's written testimony (although this does not appear to extend to the treatment of a non-appearing expert's evidence), and that tribunals have generally not distinguished between the existence of a valid reason for a witness's failure to appear, or of exceptional circumstances which would warrant the witness's evidence being admitted. In addition, tribunals appear to be reluctant to place much weight on a non-appearing witness's written evidence unless it is corroborated by the testimony of other witnesses or documentary evidence, and they are also reluctant to draw adverse inferences from a witness's non-appearance.

Part I Mapping the Terrain, 3 Attorneys, Barbarians, and Guerrillas

2014 ◽  
Author(s):  
Rogers Catherine A
Keyword(s):  
Ethical Issue ◽  
Self Regulation ◽  
International Standards ◽  
Legal Systems ◽  
International Arbitration ◽  
Bar Association

This chapter discusses concerns regarding ethical differences in international arbitration. Traditionally, transnational disputes have been addressed via the attorneys' native legal systems; however, in an increasingly expanding field, there occur contentions of intelligibility within international arbitration. Such issues highlight the need for international standards, although naysayers have pointed out that overcoming cultural and ethical differences in coming to a consensus on an ethical issue are moot. Fortunately, there have been no significant ethical controversies to date, however, which cannot be taken for granted. Furthermore, certain efforts have been undergone in order to provide a baseline from which a standardized form of arbitration can grow, most notably the guidelines initiated by the International Bar Association (IBA), among others. To maintain its independence, legitimacy, and effectiveness, international arbitration needs to develop meaningful self-regulation of attorney ethics.

The Prague rules

2019 ◽  
Vol 35 (2) ◽  
pp. 221-244 ◽  
Author(s):  
Gonzalo Stampa
Keyword(s):  
Case Management ◽  
Soft Law ◽  
International Arbitration ◽  
Arbitral Proceedings

Abstract The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration are available to parties and arbitrators since 14 December 2018. The conception and development of this new soft law text generated one of the most vivid technical debates in recent decades in international arbitration. The Prague Rules constitute voluntary suggestions which are technically based and designed to facilitate the efficient conduct of arbitral proceedings, by way of the continual cooperation of parties and arbitrators in their development. Its recommendations are based on the strictest respect for the principle of the autonomy of the parties. The recommendations of the Prague Rules are contained in twelve articles, which can be grouped into the following aspects of procedural handling: case management; the taking of evidence; and decision. This contribution undertakes a rough and summarized analysis of the scope of the Prague Rules in arbitral procedure, with the sole aim of understanding their content and investigating the merits of the strong criticism which these Rules have attracted

scholarly journals Electrochemical CO2 Reduction to CO Catalyzed by 2D Nanostructures

Catalysts ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 98 ◽  
Author(s):  
Chaitanya B. Hiragond ◽  
Hwapyong Kim ◽  
Junho Lee ◽  
Saurav Sorcar ◽  
Can Erkey ◽  
...  
Keyword(s):  
Recent Progress ◽  
Co2 Reduction ◽  
Value Added ◽  
Cost Effective ◽  
Metal Chalcogenides ◽  
Two Dimensional ◽  
Practical Application ◽  
Electrochemical Co2 Reduction ◽  
Excellent Activity ◽  
Transition Metal Chalcogenides

Electrochemical CO2 reduction towards value-added chemical feedstocks has been extensively studied in recent years to resolve the energy and environmental problems. The practical application of electrochemical CO2 reduction technology requires a cost-effective, highly efficient, and robust catalyst. To date, vigorous research have been carried out to increase the proficiency of electrocatalysts. In recent years, two-dimensional (2D) graphene and transition metal chalcogenides (TMCs) have displayed excellent activity towards CO2 reduction. This review focuses on the recent progress of 2D graphene and TMCs for selective electrochemical CO2 reduction into CO.

A Multiple Level of Detail Approach to the Tactical Movement Problem

2012 ◽  
Vol 6 (6) ◽  
pp. 749-756 ◽  
Author(s):  
Peter Beasley ◽  
◽  
P. Ross McAree
Keyword(s):  
Optimal Path ◽  
Optimal Solution ◽  
Cost Effective ◽  
Multiple Level ◽  
Practical Application ◽  
Robotic Excavator ◽  
The World ◽  
The Cost ◽  
Robotic Agent ◽  
Movement Problem

The tactical movement problemis considered to be one in which a robotic agent is required to move around its world to complete a task. This agent has manipulation abilities which allow it to perform work on its local surroundings. The coupled optimisation of the agent movements and manipulations is thus of key importance to minimise the cost of completing the task. The driving practical application in this paper is one of cost effective excavation in a mining environment. The agent is a mining shovel and it has the ability to manipulate the world through excavation actions. The problem becomes one of determining the optimal path that the shovel should take and the dig operations that should be completed at each point along the path. An initial solution is presented to automatically generate an optimized dig plan for a large robotic excavator. A wavelet based detail reduction approach is used which allows a near optimal solution of the problem to be generated in practically useful timeframes.

Synthesis, Structural and Dielectric Properties of Pure and Ni Substituted Bismuth Ferrite

2014 ◽  
Vol 938 ◽  
pp. 140-144 ◽  
Author(s):  
S. Blessi ◽  
S. Vijayalakshmi ◽  
S. Pauline
Keyword(s):  
Dielectric Properties ◽  
Hydrothermal Method ◽  
Bismuth Ferrite ◽  
Synthesis Method ◽  
Cost Effective ◽  
Xrd Analysis ◽  
Practical Application ◽  
X Ray ◽  
Wide Range ◽  
Good Agreement

Multiferroics have been known as materials exhibiting both ferroelectric and ferromagnetic properties in same phase, they have interesting physical properties as well as possibility of practical application in some new memories, spintronics and sensor devices. The present work reports the fabrication of pure and Nickel substituted Bismuth Ferrite by simple hydrothermal method at 180oC for 11 hours. The structural study was carried out using X-ray powder diffraction (XRD), and the Dielectric properties were investigated over a wide range of frequency and temperature. The image of SEM is in good agreement with the XRD analysis. The synthesis method is simple and cost effective. KEYWORDS: Multiferroics; Dielectric loss; Hydrothermal method; XRD.

The Procedural Rules Governing the Production of Documentary Evidence in International Arbitration – As Applied in Practice

2009 ◽  
Vol 8 (1) ◽  
pp. 27-90
Author(s):  
Nathan O'Malley
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Documentary Evidence ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The World ◽  
The Common ◽  
Over Time

AbstractThis article considers the provisions of the IBA Rules on the Taking of Evidence in International Commercial Arbitration pertaining to documentary evidence, Articles 2, 3, and 9. The IBA Rules have emerged over time as a compromise set of standards appropriate for international arbitration and are widely used by tribunals throughout the world. This piece provides examples of arbitral case law in respect of the application of the Rules to issues concerning the taking and admission of documentary evidence. Moreover, the article also addresses issues regarding the role of the IBA Rules in the judicial review of arbitral awards, and their use in investor-state arbitration as opposed to international commercial arbitration. The goal of this article is to provide a thorough, case based commentary on the common approach used by tribunals in this area of procedure.

Finding Cost-Effective Applications for Expert Systems

1993 ◽  
Vol 115 (1) ◽  
pp. 56-61
Author(s):  
P. J. Hartman
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Expert Systems ◽  
Processing Speed ◽  
Development Process ◽  
Cost Effective ◽  
Risk Assessments ◽  
Problem Complexity ◽  
Practical Application ◽  
The Right

Expert systems are one of the few areas of artificial intelligence which have successfully made the transition from research and development to practical application. The key to fielding a successful expert system is finding the right problem to solve. AI costs, including all the development and testing, are so high that the problems must be very important to justify the effort. This paper develops a systematic way of trying to predict the future. It provides robust decision-making criteria, which can be used to predict the success or failure of proposed expert systems. The methods focus on eliminating obviously unsuitable problems and performing risk assessments and cost evaluations of the program. These assessments include evaluation of need, problem complexity, value, user experience, and the processing speed required. If an application proves feasible, the information generated during the decision phase can be then used to speed the development process.

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