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Fact-Finding in International Arbitration: The Emergence of a Transnational Lex Evidentiae
Hardcover
ISBN13: 9789403518862
Publisher: Wolters Kluwer Law & Business
Published: Dec 9 2022
Pages: 232
Weight: 1.11
Height: 0.56 Width: 6.14 Depth: 9.21
Language: English
Establishing a factual basis on which to apply the law can be an extraordinarily challenging process, and perhaps more so in international arbitration than in any other proceedings, due to the very different notions of fact-finding that prevail among jurisdictions. This important book assesses, for the first time, the contours of an emerging transnational law of fact-finding that promises to greatly enhance the efficiency and reliability of this crucial arbitral procedure.
published arbitration proceedings and awards;
the general framework of fact-finding issues as provided for under the arbitration acts of England and Wales, the United States, Germany, Brazil, Spain, Switzerland, Austria, and Italy, as well as under the Model Law;
fact-finding stipulations under UNCITRAL Arbitration Rules as well as under various institutional rules;
soft law (such as the IBA Rules, Prague Rules, ALI/UNIDROIT Principles of Transnational Civil Procedure);
best practices as captured by legal commentary; and
investment arbitration proceedings, where many decisions and awards are nowadays publicly available.
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