International arbitration News, analytics and practice

25Jul/140

New LCIA Arbitration Rules, effective 1 October 2014

The London Court of International Arbitration (LCIA) is pleased to announce that the new LCIA Arbitration Rules have been formally adopted by the LCIA Court and the LCIA Board of Directors. The Rules will come into effect on 1 October 2014.

The new Rules ensure an effective, efficient and fair process. Notable changes in the Rules include provisions on consolidation and on conduct of legal representatives and parties, as well as expanded provisions on emergency relief.

24Jul/140

New words every lawyer should know – NeoLAWgisms

When lawyer says "lawesome" it means awesome and does not break the law

lawsome1 New words every lawyer should know   NeoLAWgisms

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8Jul/140

Evidence in International Arbitration: Evaluation Criteria

(extract from Konstantin Pilkov. Evidence in International Arbitration: Criteria for Admission and Evaluation. Arbitration. – 2014. – Vol. 80. – Issue 2 2014)

It is commonly recognised that the admissibility of evidence does not automatically guarantee that the evidence will be considered as having probative value. There are more or less explicit relevance, admissibility and materiality criteria for determining whether a piece of evidence is admissible, whereas the methods for weighing evidence and determining the sufficient level of proof are subjective and somewhat inexplicable.[1] The weight of the evidence usually refers to its persuasive effect on the arbitrator’s mind. It is within the discretion of the tribunal to evaluate the evidence submitted by the parties, though the parties can agree on the sufficiency, as will be discussed later.

The weight of the evidence includes questions of credibility (reliability) and the evaluation of inferences which can be made from the evidence.