Burden of proof

ACICA, Australia, Australian Arbitration Week, Burden of proof, Evidence, IBA Rules of Evidence

(LK Law)/ /Leave a comment
ACICA 45

Australian Arbitration Week continued in full force on the morning of 16 October 2024, with ACICA45’s panel discussion named, “Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof,” hosted by Deloitte.  The panel was moderated by Brisbane-based ACICA45 Steering Committee members Oliver Cook (Barrister, Level 27 Chambers) and Zara Shafruddin (Associate, Jones Day).  Drawing…

2020 In Review, Appellate Court, Burden of proof, Colombia, Corruption, Dominican Republic, International Investment Arbitration, Interpretation, Latin America, Lava Jato, Mexico, Odebrecht investigation, Peru, USMCA, Venezuela

(Locke Lord LLP)/ /Leave a comment

In 2020, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From the entry into force of the United States – Mexico – Canada Agreement (USMCA) signed over a year ago, as well as numerous cases and actions still arising from the Odebrecht scandal that became public back…

Arbitration, Burden of proof, Due process, Enforcement, Estoppel, France, Third Party

(Castaldi Partners)/ /Leave a comment

On 5 November 2014, the French Cour de Cassation, overruled a decision of the Paris Court of Appeal for having reversed the burden of proof in a case involving a non-participating party. With this victory before the French Supreme Court, Yukos Capital (“Yukos”) is one step closer to the enforcement of an arbitral award against…

Burden of proof, Enforcement, Recognition and enforcement of arbitral award

(Sysouev, Bondar, Khrapoutski LLC)/ /2 Comments

Co-Authored with Karyna Loban (Sysouev, Bondar, Khrapoutski) On 23 December 2014, the Plenum of the Supreme Court of the Republic of Belarus adopted Resolution No 18 “On the Application of Legislation on the Recognition and Enforcement of Foreign Judgments and Foreign Arbitral Awards” (“Resolution No 18”). By adopting Resolution No 18, the Resolution No 10…

Appeal, Arbitration Agreements, Burden of proof, Court of Arbitration for Sport, Domestic Courts, European Union, Germany

(Taylor Wessing)/ /Leave a comment

The Pechstein decision of the Munich Court of Appeals (Oberlandesgericht) of January 15, 2015 has made headlines (see here and here). The Munich court refused to recognise an arbitral award of the Court of Arbitration for Sport (CAS), since it held the underlying arbitration agreement between Claudia Pechstein, the speed skater, and her sport’s governing…

Arbitration, Burden of proof, ICCA Miami 2014, Surveys

(Washington and Lee University School of Law)/ /2 Comments
Institute for Transnational Arbitration (ITA)

This past April, the International Council for Commercial Arbitration (ICCA) held its prestigious biennial conference in Miami, with more than 1,000 people in attendance. Our research team received unprecedented access to collect demographic information and administer a survey. The results offer an unprecedented window into the “invisible college” of the international commercial and investment arbitration…

Burden of proof, Corruption, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor

(Colibra Insurance)/ /Leave a comment

Factual background On 4 October 2013 the Tribunal constituted under Metal-Tech Ltd.’s claim against Republic of Uzbekistan (G. Kauffman-Kohler, C. von Wobeser, J. Townsend) issued the award on jurisdiction in the ICSID case ARB/10/03. The peculiar factual background of the case has been previously discussed here. The approach taken by the Tribunal in this case…