ICC International Court of Arbitration Bulletin Vol. 22 No. 2 - 2011 - Vol. 22 No. 2
5.It is widely agreed that the aim of arbitration is to have disputes resolved efficiently and fairly by arbitrators chosen for their expertise. Views differ, however, on how the opposing interests of procedural efficiency and fairness (or due process) should be balanced. Arbitration generally eschews the lengthy and complicated rules that define this balance in state courts, preferring the approach reflected in Article 19 of the 2012 ICC Rules of Arbitration, which states simply:The proceedings
ICC International Court of Arbitration Bulletin Vol. 22 No. 2 - 2011 - Vol. 22 No. 2
31.This article deals with an aspect of private international law that for many years fell outside the scope of European legislation. Conflict of laws-i.e. the rules that determine which national law should apply to a private law relationship with an international dimension such as a cross-border contract-was brought within the ambit of European law by the Treaty of Amsterdam in 1999, succeeded by the Treaty of Lisbon in 2009.1 In this field, as in many others since 1957, European Union law has
ICC International Court of Arbitration Bulletin Vol. 22 No. 2 - 2011 - Vol. 22 No. 2
43.There is much discussion in the world of arbitration on how best to manage the vast quantities of documentary evidence frequently produced. Yet equally challenging is the question of how best to judge a case in which evidence is lacking. This dearth may be due to a genuine absence of evidence or to a party's reluctance or refusal to reveal information that may compromise its case. The delicate task facing the arbitrator will be to decide how to interpret the party's conduct in such situations.
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