Attorney Client Privilege In International Arbitration

"This book is based on a dissertation that was generously supported by the International Max Planck Research School on successful dispute resolution in International law, a research school organized by Heidelberg University and the Max Planck Institute for comparative public law and International law in Heidelberg."

Peter Ashford provides a practical guide to the most common feature of international arbitration around the world.

Now in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration. Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations of the use of evidence in international arbitration.

Rules of Evidence in International Arbitration: An Annotated Guide is a valuable reference for practitioners, arbitrators and in-house counsel involved in cross-border dispute resolution. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Features & Benefits: Focuses on evidentiary procedure with extensive case-based commentary and examples addressing common issues in international arbitration related to evidence Extensive annotations, which allow the reader to locate key precedents for use in practice Practitioner-focused, meaning common misconceptions and questions arising from the international arbitration procedure are addressed Organised in an easy-to-use style for quick reference This book will be an essential reference guide on evidence for practitioners of international arbitration. Filled with examples drawn from arbitration case precedent, the book considers common issues and questions relating to evidentiary procedure. Arbitrators and counsel will gain from this publication a better view of the best practices, accepted solutions to difficult procedural issues, and fundamental due process considerations which arise in connection with the use of evidence in international arbitration.

Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.

Master's Thesis from the year 2023 in the subject Politics - International Politics and Country Analyses, grade: 1,7, , language: English, abstract: This thesis explores the success and enduring relevance of the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration. Interestingly enough, while the IBA Rules suggested a very well-developed regime for the taking of documentary evidence, most of the focus of arbitration scholars was mainly about its notable mechanic that grant parties the possibility of obtaining documents from the adverse party. While it is understood why such sophisticated mechanic would attract the attention of scholars, it is still crucial to acknowledge that such mechanic is just one facet of a comprehensive and multifaceted system. Accordingly, the thesis attempted to englobe the whole regime of the taking of documentary evidence under the IBA Rule while following at the same time a structural approach that respect the natural progression the arbitration procedure and adheres to the methodological reasoning suggested by the IBA Rules. With that being said, the dissertation starts by emphasizing the particular problem that international arbitration poses in regards to the production of documentary evidence as it involves parties, counsels and arbitrators coming from different legal systems. In this sense, the IBA Rules attempted to provide mechanics that combines the best of both words and potentially may satisfy all the participants whatever is their origins. Such unique approach can be seen through 2 main level: The ethical practices that should be adhered to by the different participants and the investigation practices within the arbitration proceedings Even though the mechanics of presenting and collecting evidence is arguably the most important task that parties are expected to perform, Without the right approach to the appraisal of documentary evidence, such contribution would inevitably be redundant. In this context, it seems that the IBA Rules followed a cautious approach by conferring significant discretion to the arbitral tribunal when it comes to the appraisal of documentary evidence. The term "appraisal" in this context was intended to encompass both the admissibility and assessment of evidence, as addressed in the IBA Rules. However, it is important to note that these two phases possess distinct characteristics, despite often being conducted simultaneously by arbitrators in practice. Nevertheless, for the sake of clarity and methodological analysis, the thesis attempted dug in depth in each phase independently.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

This welcome book, expertly revealing the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions around the world and provides a reliable resource for users and potential users that may wish to tap into a

The Arbitration of International Intellectual Property Disputes, which is designed not only for arbitration counsel and arbitrators but also for in-house counsel and transactional lawyers, provides a thorough guide to the use of arbitration to resolve these disputes. Both practical as well as scholarly, it starts by exploring how and why arbitration can provide the best way to resolve these disputes and how to draft an effective arbitration provision. It then covers the principal unique issues which can arise in the arbitration itself, from choosing the tribunal through confidentiality, discovery, validity determinations, choice of law, provisional and final remedies and enforceability. With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. But international intellectual property disputes present complexities not encountered in either intellectual property disputes which are confined to one country or other international commercial disputes. The Arbitration of International Intellectual Property Disputes will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration.

The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues such as judicial review of arbitral awards; interpretation and harmonization methods; and questions of future reform. This is one of the only books on the market that considers the application of the UNCITRAL Model Law in both great depth and breadth, and from multiple perspectives. It provides critical assessments and evaluations of the impact that the Model Law has had after 25 years in various aspects of the arbitral process. The issues covered pertain to both substantive and procedural elements; theoretical and practical; historical and evolutional. The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration adopts a comparative approach and covers practice in nearly all Model Law countries and many others. As a seminal critique of the progress that the Model Law has made to date, this collection of articles will be of great benefit to judges, arbitrators, lawyers, academics and anyone interested in the future of international commercial arbitration.