Information Management and Disclosure in International Arbitration
Practice and Strategy
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Arbitration is often the preferred dispute resolution mechanism in international commercial transactions. For a successful outcome, the strategic use of information is crucial. International arbitration rules and domestic court opinion increasingly influence information management and disclosure in international arbitration. This books keeps the needs of the practician and the scholar in mind throughout. Recommendations are made to proactively identify and gather documents and testimony which are relevant to the case, material to its outcome, proportional in their retrieval, precise and predic...
Arbitration is often the preferred dispute resolution mechanism in international commercial transactions. For a successful outcome, the strategic use of information is crucial. International arbitration rules and domestic court opinion increasingly influence information management and disclosure in international arbitration. This books keeps the needs of the practician and the scholar in mind throughout. Recommendations are made to proactively identify and gather documents and testimony which are relevant to the case, material to its outcome, proportional in their retrieval, precise and predictable in their information content and overall supportive of the case. Relevant are also investigations into the potentially available information and the arbitrator's evidential and decision-making rules. This allows parties to design procedures for information exchange early form a well-informed position and to use and communicate the available information for maximum benefit.
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