In these cases, there could be a possible violation of domestic public policy under the New York Convention terms (art. V, 2, b). That is why the paper aims to offer the concept of digital evidence in internati
2012-12 IN THE MATTER OF AN ARBITRATION BEFORE A TRIBUNAL CONSTITUTED IN ACCORDANCE WITH THE AGREEMENT BETWEEN THE GOVERNMENT OF HONG KONG AND THE GOVERNMENT OF AUSTRALIA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS, SIGNED ON 15 SEPTEMBER 1993 (THE "TREATY") -and- THE UNITED NATIONS ...
The early common law position in relation to the admissibility of evidence highlighted the relevance of the evidence rather than how it was obtained. For example, In R v Leatham we find the oft-quoted statement of Crompton J., "It matters not how you get it; if you steal it even, it ...
Reflections on Admissibility of Evidence: Interrelation Between Domestic Law and International Arbitrationdoi:10.1093/arbitration/15.2.141SalehAvocat à la courSamir A.Avocat à la courArbitration International
This in turn raises the question of the admissibility of evidence in the interpretation of contracts.CorneliusS.J.ingentaconnectDe Jure
This chapter constitutes the most living part of the book. The ship navigating the Antarctica of arbitral procedural law has searched in the theoretical basis of investment arbitration and now moves to the other part of the continent more closely linked with practical aspects of arbitration.Cortesi...
There is no clear view in international arbitration law as to whether illegally obtained evidence should be admitted and relied on by tribunals. Because arbitral tribunals do not employ a formal evidentiary filter to exclude all inadmissible evidence from the outset, but rather possess a wide margin...
The admissibility of documentary hearsay evidence in arbitrations in terms of the Labour Relations Act 66 of 1996Nicci Whitear
ADMISSIBLE evidenceJURISDICTIONARBITRATION & awardLEGAL judgmentsADMINISTRATIVE courtsThe distinction between issues of jurisdiction and admissibility is at the heart of arbitration law due to the role it plays in defining the relationship between tribunals and the courts of the seat. Nevertheless, there ...
Reflections on Admissibility of Evidence: Interrelation Between Domestic Law and International Arbitrationdoi:10.1093/arbitration/15.2.141Saleh, Samir A.Arbitration International