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There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I...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
A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly. In A and B v C, D and E (Taking evidence for a foreign seated arbitration), the Court of Appeal unanimously...more
A civil jury trial is a risky proposition in any court, state or federal. To manage that risk, it is usually in each party’s interest to engage in some form of alternative dispute resolution, or ADR. Knowledge of the local...more
The Federal Arbitration Act (“FAA”) §7 (9 U.S.C. §7) enables arbitrators to “summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
On 16 February 2017, Qatar adopted a new arbitration law (Law No. 2 of 2017) promulgating the Law of Arbitration in Civil and Commercial Matters (the "Qatar Arbitration Law"). This supersedes the arbitration chapter contained...more
In circumstances where the parties have already chosen arbitration as a means of settling disputes, the English courts will give short shrift to arguments focused on practical difficulties in providing witness evidence or on...more
Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more