Ebook Rules of Evidence in International Arbitration: An Annotated Guide (Lloyd's Arbitration Law Library), by Nathan D O'Malley
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Rules of Evidence in International Arbitration: An Annotated Guide (Lloyd's Arbitration Law Library), by Nathan D O'Malley
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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.
- Sales Rank: #1712829 in eBooks
- Published on: 2013-06-19
- Released on: 2013-06-19
- Format: Kindle eBook
Review
"... this work, from a critique of the IBA Rules (and consideration of certain UNCITRAL Rules), provides a highly interesting and well-researched international perspective on evidence in "international" arbitrations and will be a valuable new reference source." - Ian Gaunt for The London Maritime Arbitrators Association Newsletter (2012)
The book’s two key strengths are its practicality and the depth of the research. This is a book written by a hands-on practitioner, not an academic. It focuses on what really happens in arbitrations, without spending too much time on policy-level considerations as to why it is so. A good example is the book’s consideration of Article 3.3 of the IBA Rules. - Matthew Secomb, White & Case LLP, Paris, for The Paris Journal of International Arbitration (2013)
About the Author
Nathan D. O’Malley has acted as counsel or arbitrator in numerous international arbitrations throughout Europe, the Middle East and North America, including matters conducted under the auspices of the ICC, NAI, WIPO, and the Permanent Court of Arbitration. He is admitted to the California bar but has practiced for over 10 years in Europe. A frequent contributor to academic journals and lecturer on the topic of international arbitration, Nathan O’Malley holds an LL.M. in international trade and business law from Erasmus University of Rotterdam, a J.D. from the University of the Pacific, McGeorge School of Law and is currently Senior Counsel with the Los Angeles firm of Gibbs, Giden, Locher, Turner & Senet.
Most helpful customer reviews
1 of 1 people found the following review helpful.
An Authoritative Source of Authorities on Actual Practice in International Arbitration
By MChild
Given the rapid growth of international arbitration over the past decade, and the emergence and broad adoption of best
practices (especially the IBA Rules of Evidence), the vision of procedure today may be different than it was just a decade ago. But arbitration practice is handicapped by the lack of publication of arbitral awards, which makes it difficult to track trends or assess the current practice.
That is why this new book from an experienced practitioner, Nathan O'Malley, is important in doing what no one else appears to have done... draw on actual arbitral or judicial decisions from around the world to shed light on how arbitration is currently being conducted.
The book has an impressive range of authorities that include awards issued under the auspices of the ICC, AAA/ICDR, and LCIA proceedings, and decisions by judicial authorities of different countries. The author also makes occasional use of unpublished arbitral awards, and even unpublished hearing transcripts that were made available to him.
In terms of geographic scope, the book is not slanted towards any one jurisdiction. To give one example, Chapter 8, the US led the number of court decisions, with 15 cases cited; Switzerland came in second with eight; England had seven and France four. After that, Australia and Canada each with two cited cases, and there was one cited case each of Germany, Sweden, Singapore, Belgium, Russia, Hong Kong, and Italy. Many of the non-English language cases are cited from texts the author has designated “as reported in” (which is both frank about the source and also helpful towards locating the primary
sources).
And the case discussion of arbitral and judicial decisions are not dry citations. There is enough cogent discussion of cases that practitioners can determine whether they apply to the facts of their particular dispute.
If your need is a book on how evidence is managed in actual arbitration proceedings, this may be the best authority available... at least until the day when international arbitration awards are regularly published.
0 of 0 people found the following review helpful.
Expert arbitration guidance....
By Phillip Taylor MBE
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FOR TODAY'S PRACTITIONERS AND ARBITRATORS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
By its very nature, dispute resolution is always contentious; the `disputes' in question being quite frequently intractable. Evidence is therefore always of concern, especially, as is usual, where there is a virtually insoluble dispute over the basic facts- in which case, evidence becomes the key factor which will enable those sitting in judgment on a tribunal to come to a decision.
`In international arbitration,' says the author, Nathan O'Malley, an experienced practitioner, `it is no different.'
Intended to provide necessary and helpful guidance on international arbitration to arbitrators, as well as clients and their representatives, this book, published recently by Informa, presents `a proper discussion of evidence in international arbitration,' which, as His Honour Humphrey Lloyd, QC observes in the Foreword, `is long overdue.'
It's also pointed out here that O'Malley has structured the book around the 2010 edition of the International Bar Association's Rules on the Taking of Evidence in International Arbitration, the IBA rules, being described as `a synthesis of good practice.'
But as the author also mentions, the IBA Rules do not cover all aspects of evidentiary procedure', which nevertheless still means that tribunals have problems confronting it. This book therefore started out as a research project aimed at identifying `common solutions to common problems regarding evidence,' and culminated in a commentary on the IBA Rules, with further examination of related rules and issues.
The primary source material for this book is, collectively, the published and unpublished case law of international tribunals, the views of which are represented and commented upon.
Additionally, the Rules discussed are also sourced from the UNCITRAL Arbitration Rule (2010) and to some extent the UNCITRAL Model Law (2006). The book therefore is a rich, scholarly, informed and thoughtful source of guidance for anyone practising in this almost invariably complex area of law.
And not for nothing is this clear and very readable volume referred to as an `annotated guide', which it certainly is. Extensive and minutely detailed footnoting abounds as a rich resource in itself, plus - there's a detailed index and Table of Cases and Arbitrations, together with a Table of Legislation, Conventions and Rules. Usefully, especially in any international field of law, there is a glossary of abbreviations and acronyms.
If you're in any way involved with international arbitration, whether you are an arbitrator, lawyer, or possibly a client, you'd do well to acquire this book. The publication date is 2012.
0 of 1 people found the following review helpful.
Not value for money
By HK reader
Absence of comprehensive reference to international rules other than perhaps ICC. Limited utility if one is to find other rules such as Citeac, HKIAC which are popular also. There is limited international element therefore.
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