000			04142cam a2200433 i 4500
001			20086737
005			20250509124951.0
008			171020s2018 enk b 001 0 eng d
010			_a 2017958434
020			_a9780198753506 (hardback)
020			_a0198753500 (hardback)
035			_a(OCoLC)on1009214994
040			_aYDX _beng _cYDX _erda _dLSD _dKWL _dGWL _dGZL _dFIE _dUWO _dRCJ _dOCLCF _dUAB _dDLC
042			_alccopycat
050	0	0	_aK2400 _b.S688 2018
082	0	4	_a346/.092 _223
100	1		_aSourgens, Frédéric Gilles, _eauthor.
245	1	0	_aEvidence in international investment arbitration / _cFrédéric G Sourgens, Washburn University School of Law, USA; Kabir A.N. Duggal, Baker McKenzie, USA; Ian A Laird, Crowell & Moring LLP, USA.
250			_aFirst edition.
264		1	_aOxford, United Kingdom : _bOxford University Press, _c2018.
300			_axxxviii, 325 pages ; _c26 cm
336			_atext _btxt _2rdacontent
337			_aunmediated _bn _2rdamedia
338			_avolume _bnc _2rdacarrier
504			_aIncludes bibliographical references and index.
505	0	0	_tSituating evidence in the process of investor-state arbitration -- _tBurden of proof in investor-state arbitration -- _tShifting the burden of evidence -- _tIntroduction to the standard of proof in investor-state arbitration -- _tDifferent standards of proof in investor-state arbitration -- _tEvidentiary presumptions -- _tIura novit curia and proof of law -- _tInferences from evidence or its absence -- _tDocumentary evidence and document production -- _tWitnesses and experts -- _tExclusionary rules of evidence -- _tEvidence and annulment.
520			_aEvidence 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. -- _cProvided by publisher.
650		0	_aInternational commercial arbitration.
650		0	_aInvestments, Foreign _xLaw and legislation.
650		0	_aEvidence (Law)
650		7	_aEvidence (Law) _2fast _0(OCoLC)fst00917186
650		7	_aInternational commercial arbitration. _2fast _0(OCoLC)fst01377215
650		7	_aInvestments, Foreign _xLaw and legislation. _2fast _0(OCoLC)fst00978387
700	1		_aDuggal, Kabir A. N., _eauthor.
700	1		_aLaird, Ian A., _eauthor.
906			_a7 _bcbc _ccopycat _d2 _eepcn _f20 _gy-gencatlg
942			_2lcc _cBK _n0
999			_c202 _d202