EXPERT ARBITRATION GUIDANCE FOR TODAY'S PRACTITIONERS AND ARBITRATORS
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
By its very nature, dispute resolution is always contentious; the 'disputes' in question being quite frequently intractable. Evidence is therefore always of concern, especially, as is usual, where there is a virtually insoluble dispute over the basic facts- in which case, evidence becomes the key factor which will enable those sitting in judgment on a tribunal to come to a decision.
'In international arbitration,' says the author, Nathan O'Malley, an experienced practitioner, 'it is no different.'
Intended to provide necessary and helpful guidance on international arbitration to arbitrators, as well as clients and their representatives, this book, published recently by Informa, presents 'a proper discussion of evidence in international arbitration,' which, as His Honour Humphrey Lloyd, QC observes in the Foreword, 'is long overdue.'
It's also pointed out here that O'Malley has structured the book around the 2010 edition of the International Bar Association's Rules on the Taking of Evidence in International Arbitration, the IBA rules, being described as 'a synthesis of good practice.'
But as the author also mentions, the IBA Rules do not cover all aspects of evidentiary procedure', which nevertheless still means that tribunals have problems confronting it. This book therefore started out as a research project aimed at identifying 'common solutions to common problems regarding evidence,' and culminated in a commentary on the IBA Rules, with further examination of related rules and issues.
The primary source material for this book is, collectively, the published and unpublished case law of international tribunals, the views of which are represented and commented upon.
Additionally, the Rules discussed are also sourced from the UNCITRAL Arbitration Rule (2010) and to some extent the UNCITRAL Model Law (2006). The book therefore is a rich, scholarly, informed and thoughtful source of guidance for anyone practising in this almost invariably complex area of law.
And not for nothing is this clear and very readable volume referred to as an 'annotated guide', which it certainly is. Extensive and minutely detailed footnoting abounds as a rich resource in itself, plus -- there's a detailed index and Table of Cases and Arbitrations, together with a Table of Legislation, Conventions and Rules. Usefully, especially in any international field of law, there is a glossary of abbreviations and acronyms.
If you're in any way involved with international arbitration, whether you are an arbitrator, lawyer, or possibly a client, you'd do well to acquire this book. The publication date is 2012.