Evidence in International Investment Arbitration
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 March 2018
- ISBN 9780198753506
- Binding Hardback
- No. of pages368 pages
- Size 247x177x25 mm
- Weight 742 g
- Language English 80
Categories
Short description:
Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.
MoreLong description:
Evidence 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.
The book represents a guide to the current state of evidentiary practice, in the context of investment arbitration, as well as providing a critical analysis thereof; its comprehensive study of the case law makes it a useful reference work for practitioners.
Table of Contents:
Part I: Introduction
Situating Evidence in the Process of Investor-State Arbitration
Part II: Burden and Standard of Proof in International Investment Arbitration
Burden of Proof in Investor-State Arbitration
Shifting the Burden of Evidence
Introduction to Standard of Proof in Investor-State Arbitration
Different Standards of Proof in Investor-State Arbitration
Part III: Presumptions and Inferences
Evidentiary Presumptions
Iura Novit Curia and Proof of Law
Inferences from Evidence or its Absence
Part IV: Proving your case
Documentary Evidence and Document Production
Witnesses and Experts
Part V: Safeguarding the Process
Exclusionary Rules of Evidence
Evidence and Annulment
Appendices
Appendix I: Evidentiary Principles in Investor-State Arbitration
Appendix II: Table summarizing the commonly recognized standards of proof In Investor-State Arbitration
