1 / 7

Standards in International Arbitration: Practice and Tools

100%. Standards in International Arbitration: Practice and Tools . YIAG Briefing & Roundtable. Warsaw, 16 June 2011. Prominent Tools . UNCITRAL Notes on Organizing Arbitral Proceedings http://www.uncitral.org/pdf/english/texts/arbitration/arb-notes/arb-notes-e.pdf

jolie
Télécharger la présentation

Standards in International Arbitration: Practice and Tools

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 100% Standards in International Arbitration: Practice and Tools YIAG Briefing & Roundtable Warsaw, 16 June 2011

  2. Prominent Tools • UNCITRAL Notes on Organizing Arbitral Proceedingshttp://www.uncitral.org/pdf/english/texts/arbitration/arb-notes/arb-notes-e.pdf • IBA Guidelines on Conflicts of Interest in International Arbitration (2004) • IBA Guidelines on Drafting International Arbitration Clauses (2010) • IBA Rules on the Taking of Evidence in International Arbitration (2010) • http://www.ibanet.org/Publications/publications_IBA_guides_and_free_materials.aspx • ICC Techniques for Controlling Time and Costs in Arbitration http://www.iccwbo.org/policy/arbitration/id2882/index.html • The CPR Protocolhttp://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/614/CPR-Protocol-on-Disclosure-of-Documents-and-Presentation-of-Witnesses-in-Commercial-Arbitration.aspx

  3. The IBA Rules on the Taking of Evidence • Consultation on Evidentiary Issues (Art. 2) • Document Production (Art. 3) • Witnesses and ExpertsArt. 4 - Witnesses of factArt. 5 - Party appointed experts Art. 6 - Tribunal appointed experts • Inspections (Art. 7) • Evidentiary Hearings (Art. 8) • Admissibility and Assessment of Evidence (Art. 9)

  4. What's new? • Principles of fair trial and bona fides - Preamble • "Meet and Consult" - Art. 2 • E-Disclosure Art. 3(3)(a)(ii) • Request to produce shall contain a statement as to how documents are relevant to the caseandmaterial to its outcome - Art. 3(3)(b) • Enhanced confidentiality - Art 3(13) • Expert witnesses: Statement of independence also of party appointed experts – Art.5(2)(c) • Witness appearance in hearings required only upon request of one of the Parties or the Arbitral Tribunal - Art. 8(1)

  5. Disclosure of Documents - Chances and Risks • From the Arbitral Tribunal's perspective • Burden of proof approach • Lengthy interim procedure • Issues of privileged confidentiality • Fair trial • From the Parties' perspective • Chance to handle evidentiary problems • Risk to lose control about own evidence • Issues of privileged confidentiality

  6. Disclosure Request - How to Deal with Parties From Different Legal Systems? • The civillawapproach • The common law approach • IBA Rules • Discretion of the Arbitral Tribunal • Fair trial

  7. Thank you for your kind attention! • Gunnar PicklAttorney at Law • DORDA BRUGGER JORDIS Dr. Karl Lueger-Ring 101010 Vienna, Austria T: +43 1 533 47 95-102F: +43 1 533 47 95-50102 E: gunnar.pickl@dbj.atW: www.dbj.at Austrian Law Firm of the Year 2010,Chambers Europe Awards for Excellence

More Related