Cover of Evidence in International Investment Arbitration

Evidence in International Investment Arbitration

By: Frédéric Gilles Sourgens, Kabir Duggal, Ian A. Laird

Publisher: Oxford University Press, USA
Published: 2018
Language: Unknown
Format: BOOK
Pages: 325
ISBN: 9780198753506

About This Book

Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.

AI Overview

"Evidence in International Investment Arbitration" is a comprehensive guide written by Frédéric Gilles Sourgens, Kabir Duggal, and Ian A. Laird. The book is designed for practitioners representing parties in investment arbitration disputes, aiming to provide a detailed understanding of the evidence required and the procedural aspects of these arbitrations.

Key Themes

  1. Evidence in Arbitration: The book focuses on the rules and standards of evidence in international investment arbitration, which are crucial for decision-making in these disputes.
  2. Burden and Standards of Proof: It articulates the rules governing burdens and standards of proof, emphasizing that the party submitting a claim has the burden to prove its veracity.
  3. Evidentiary Rules: The authors discuss the application of evidentiary rules in investor-state arbitration, highlighting that these rules are robust and yield consistent results based on factual determinations rather than conjecture.
  4. Procedural Aspects: The book covers procedural orders, jurisdictional decisions, and annulment jurisprudence, providing a comprehensive overview of the arbitration process.

Plot Summary

The book begins by outlining the foundational principles of evidence in international investment arbitration. It delves into the specific rules governing burdens and standards of proof, which are essential for decision-making in these arbitrations. The authors then explore the application of these rules in practice, including the types of evidence that are typically required and the procedural steps involved in presenting and evaluating evidence. The book also examines case law and arbitral awards to illustrate how these principles are applied in real-world scenarios.

Critical Reception

While there is no specific critical reception provided in the sources, the book is generally recognized as a valuable resource for practitioners in the field of international investment arbitration. The authors' expertise and the comprehensive nature of the guide make it a trusted reference for those navigating the complexities of investment arbitration disputes.

Conclusion

"Evidence in International Investment Arbitration" by Frédéric Gilles Sourgens, Kabir Duggal, and Ian A. Laird is a seminal work that provides a detailed and practical guide to the evidence required in international investment arbitration. Its focus on the rules and standards of evidence, along with its comprehensive coverage of procedural aspects, makes it an essential resource for practitioners in this field.