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100%. Standards in International Arbitration: Practice and Tools . YIAG Briefing & Roundtable. Warsaw, 16 June 2011. Prominent Tools . UNCITRAL Notes on Organizing Arbitral Proceedings http://www.uncitral.org/pdf/english/texts/arbitration/arb-notes/arb-notes-e.pdf

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standards in international arbitration practice and tools

100%

Standards in International Arbitration: Practice and Tools

YIAG Briefing & Roundtable

Warsaw, 16 June 2011

prominent tools
Prominent Tools
  • UNCITRAL Notes on Organizing Arbitral Proceedingshttp://www.uncitral.org/pdf/english/texts/arbitration/arb-notes/arb-notes-e.pdf
  • IBA Guidelines on Conflicts of Interest in International Arbitration (2004)
  • IBA Guidelines on Drafting International Arbitration Clauses (2010)
  • IBA Rules on the Taking of Evidence in International Arbitration (2010)
    • http://www.ibanet.org/Publications/publications_IBA_guides_and_free_materials.aspx
  • ICC Techniques for Controlling Time and Costs in Arbitration http://www.iccwbo.org/policy/arbitration/id2882/index.html
  • The CPR Protocolhttp://www.cpradr.org/Resources/ALLCPRArticles/tabid/265/ID/614/CPR-Protocol-on-Disclosure-of-Documents-and-Presentation-of-Witnesses-in-Commercial-Arbitration.aspx
the iba rules on the taking of evidence
The IBA Rules on the Taking of Evidence
  • Consultation on Evidentiary Issues (Art. 2)
  • Document Production (Art. 3)
  • Witnesses and ExpertsArt. 4 - Witnesses of factArt. 5 - Party appointed experts Art. 6 - Tribunal appointed experts
  • Inspections (Art. 7)
  • Evidentiary Hearings (Art. 8)
  • Admissibility and Assessment of Evidence (Art. 9)
what s new
What's new?
  • Principles of fair trial and bona fides - Preamble
  • "Meet and Consult" - Art. 2
  • E-Disclosure Art. 3(3)(a)(ii)
  • Request to produce shall contain a statement as to how documents are relevant to the caseandmaterial to its outcome - Art. 3(3)(b)
  • Enhanced confidentiality - Art 3(13)
  • Expert witnesses: Statement of independence also of party appointed experts – Art.5(2)(c)
  • Witness appearance in hearings required only upon request of one of the Parties or the Arbitral Tribunal - Art. 8(1)
disclosure of documents chances and risks
Disclosure of Documents - Chances and Risks
  • From the Arbitral Tribunal's perspective
    • Burden of proof approach
    • Lengthy interim procedure
    • Issues of privileged confidentiality
    • Fair trial
  • From the Parties' perspective
    • Chance to handle evidentiary problems
    • Risk to lose control about own evidence
    • Issues of privileged confidentiality
disclosure request how to deal with parties from different legal systems
Disclosure Request - How to Deal with Parties From Different Legal Systems?
  • The civillawapproach
  • The common law approach
  • IBA Rules
  • Discretion of the Arbitral Tribunal
  • Fair trial
thank you for your kind attention
Thank you for your kind attention!
  • Gunnar PicklAttorney at Law
  • DORDA BRUGGER JORDIS

Dr. Karl Lueger-Ring 101010 Vienna, Austria

T: +43 1 533 47 95-102F: +43 1 533 47 95-50102

E: gunnar.pickl@dbj.atW: www.dbj.at

Austrian Law Firm of the Year 2010,Chambers Europe Awards for Excellence