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Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
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In an era when companies from Boston are as likely to do business with Beijing as Baltimore, and a Seoul firm has regular commerce with Sao Paulo and Santiago, the means by which corporations and countries hammer out their...more
Welcome to the results of our Arbitration Survey 2023 on the use of Artificial Intelligence in International Arbitration. In keeping with this year’s survey topic, we asked a generative AI tool to compose an introductory...more
Kemp v. United States, No. 21-5726: This case concerns whether the word “mistake” in Rule 60(b)(1) of the Federal Rules of Civil Procedure applies to a judge’s error of law. Rule 60 authorizes a district court to reopen a...more
On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more
In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more
The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more
Chambers & Partners say of Professor Jones that "He is regarded by many as ‘the leading construction arbitrator in the world’". In this Podcast we discuss with Professor Jones his thoughts on different ways to more...more
Welcome to our 2021 round-up for civil fraud litigation, complex crossborder disputes and asset recovery. In this publication, we consider some of the key cases and developments in English law and practice from the past year...more
The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782. The Court granted...more
Ian Meredith of K&L Gates, Paul Key QC of Essex Court Chambers, and Eduardo Damião Gonçalves of Mattos Filho discuss the issues raised by the ICC Task Force report into fact witness evidence amid the concerns over the...more
This year’s survey considers the role of party-appointed experts in international arbitration: a topic that has been the subject of debate for a number of years. Party-appointed expert evidence is an established feature...more
In recent years, the International Chamber of Commerce (the ICC) has turned its attention to the preparation and testing of fact witness evidence in international arbitration and enlisted the help of a task force to...more
On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration. Originally published in...more
Whilst the world has been physically isolating thanks to the pandemic, lockdown has triggered a sharp increase in online knowledge sharing. I was honoured to speak at such an event recently: the ICC’s Arbitration Day ‘in’...more
The potential for prolonged, overly burdensome and expensive discovery in both domestic and international arbitration seated in the United States has been a major concern among commercial entities and their counsel for many...more
On 15 February 2021, the International Bar Association (the IBA) released its updated Rules on the Taking of Evidence in International Arbitration (the IBA Rules or the Rules). The updated Rules were adopted on 17 December...more
On February 15, 2021, the International Bar Association (IBA) released the long-awaited 2020 update to its highly influential Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). Known for their...more
Servotronics, Inc. v. Rolls-Royce PLC, No. 20-794: Whether the discretion granted to district courts in 28 U.S.C. §1782(a) to render assistance in gathering evidence for use in “a foreign or international tribunal”...more
While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more
Due to uncertainties created by the pandemic, virtual hearings will continue to remain the default option in particular in domestic, international and cross border proceedings, in which in-person appearances are made...more
In these series of posts, we discuss the differences that have emerged in rulings by federal appeals courts in the United States Circuits on certain issues that may affect the ability of a party in an international...more
The Second Circuit confirmed this week that within the circuit, parties may not ask federal courts to order discovery for use in private arbitrations. The Second Circuit's ruling, In re Application and Petition of Hanwei Guo,...more
In CVP v. CBS [2020] SGHC 23, the Singapore High Court had the opportunity to determine whether an arbitrator had a right to deny one party from hearing evidence from any of the plaintiff’s witnesses. At issue was whether...more
Title 28 of the United States Code § 1782 (“§ 1782”) has always been a powerful tool in the pursuit of evidence located in the United States for use in foreign proceedings, and it has been well understood for some time that §...more
The International Council for Commercial Arbitration (ICCA) and the International Bar Association (IBA) have established a Joint Task Force on Data Protection in International Arbitration Proceedings. The task force will...more