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5 - The New Unorthodox Conception of Common Law Transparency in International Arbitration Through Evidence Gathering and Orality

Published online by Cambridge University Press:  18 June 2020

Pedro J. Martinez-Fraga
Affiliation:
Bryan Cave, LLP
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Summary

The fifth chapter consists of a discussion of the International Bar Association (“IBA”) Rules on the Taking of Evidence in International Arbitration, with reference to the Rules of Arbitration of the International Chamber of Commerce, the Rules of the International Center for Dispute Resolution, and the Rules of the London Court of International Arbitration. This section culminates with a synthesis of international arbitration rules analyzed through the prism of party-autonomy and some of the more salient features comprising the very fabric of the common law. Chapter five as well explores the “Prague Rules.”

Type
Chapter
Information
The American Influence on International Commercial Arbitration
Doctrinal Developments and Discovery Methods
, pp. 178 - 260
Publisher: Cambridge University Press
Print publication year: 2020

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