Evidence in International Investment Arbitration

by Sourgens, Frederic G.; Duggal, Kabir; Laird, Ian A.

• ISBN13: 9780198753506
• ISBN10: 0198753500
• Format: Hardcover
• Copyright: 2018-05-01
• Publisher: Oxford University Press

Summary

Evidence in International Investment Arbitration is a guide for practitioners representing a party in investment arbitration disputes, whilst also offering academics a perspective on the practical elements affecting the treatment of evidence in the area. The book is the first of its kind to systematically review the jurisprudence of investor-state tribunals on evidentiary matters and inductively establish the rules recognized in those decisions. It uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes.

The work establishes the rules of evidence as currently recognized by investor-state arbitral jurisprudence and examines these rules of evidence against those recognized in the traditional rules of international law, as well as against those codified by the IBA Rules on the Taking of Evidence in International Arbitration. It examines the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. Chapters cover a broad range of evidence-based topics, including: burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment.

Written by a small team of practitioners and academics who are expert in the field of international dispute resolution, this book is an essential comprehensive reference work for anyone working or studying in the field.

Author Biography

Frederic G. Sourgens, Associate Professor of Law, Washburn University School of Law,Kabir Duggal, Senior Associate, Baker & McKenzie LLP,Ian A. Laird, Partner, Crowell & Moring LLP

Ian A. Laird is co-chair of the International Dispute Resolution Group at Crowell & Morning LLP and an adjunct professor at Columbia University School of Law and Georgetown University Law Center. Ian is also the co-founder and Chairman of the Board of Oxford University Press's online Investment Claims platform. He serves as co-director of the International Investment Law Center (International Law Institute), and he is co-editor of the book series 'Investment Treaty Arbitration and International Law'.

Kabir Duggal is a senior associate in Baker & McKenzie's International Arbitration Practice Group in New York, focusing on international investment arbitration, international commercial arbitration, and public international law matters. Kabir is a Lecturer-in-Law at Columbia University Law School and also gives lectures at Georgetown University Law Center and Fordham Law School. He serves as the head of the advisory team on matters relating to procedure on Oxford University Press's online Investment Claims platform.


Frederic Sourgens is the Director of the Oil and Gas Law Center and Professor of Law at Washburn University School of Law. He serves as Editor-in-chief for Oxford University Press's online Investment Claims platform and co-chairs the Oxford Investment Claims Summer Academy convened by Oxford University Press.

Table of Contents

Part I: Introduction
1. Situating Evidence in the Process of Investor-State Arbitration
Part II: Burden and Standard of Proof in International Investment Arbitration
2. Burden of Proof in Investor-State Arbitration
3. Shifting the Burden of Evidence
4. Introduction to Standard of Proof in Investor-State Arbitration
5. Different Standards of Proof in Investor-State Arbitration
Part III: Presumptions and Inferences
6. Evidentiary Presumptions
7. Iura Novit Curia and Proof of Law
8. Inferences from Evidence or its Absence
Part IV: Proving your case
9. Documentary Evidence and Document Production
10. Witnesses and Experts
Part V: Safeguarding the Process
11. Exclusionary Rules of Evidence
12. Evidence and Annulment
Appendices
Appendix I: Evidentiary Principles in Investor-State Arbitration
Appendix II: Table summarizing the commonly recognized standards of proof In Investor-State Arbitration