Linked e-resources
Details
Table of Contents
Intro
Acknowledgements
Contents
Chapter 1: Introduction
1.1 Literature Review
1.2 Research Questions and Methodology
References
Authors
Articles
Chapter 2: The Burden of Proof and Its Exceptions
2.1 The Origins and Definition of the Principle of onus probandi incumbit actori: Between Common and Civil Legal Tradition
2.2 Identifying the Party Bearing the Burden of Proof
2.3 Onus probandi incumbit eius quid dicit: A First Conclusion
2.4 Exceptions to the Application of the Rule of onus probandi incumbit eius quid dicit
2.4.1 Burden of Proof and Default of a Party
2.4.2 Notorious Facts and Factual Investigations by the Tribunal
2.4.3 Iura novit curia
2.4.4 Burden of Proof Concerning Jurisdictional Issues
2.4.5 Burden of Proof and the Issue of Bifurcation of the Arbitration Proceeding
2.4.5.1 La raison dé̂tre of Preliminary Objections in General International Law
2.4.5.2 The Limited Exceptions Which Justify the Possibility to Join Preliminary Issues to the Merit
2.4.5.3 The Approach of the Court in the Case Certain Iranian Assets
2.4.5.4 Concluding Remarks on the Approach of the ICJ to the Treatment of Preliminary Objections
2.4.5.5 The Issue of Bifurcation in International Investment Arbitration: The Need for a Guidance
2.5 The Exceptions to the Rule onus probandi incumbit eius quid dicit: Some Practical and Theoretical Conclusions
References
Authors
Articles
Chapter 3: Presumptions
3.1 General Notions Concerning Presumptions
3.2 Specific Presumptions
3.2.1 Presumption That States Respect the Law in General and International Law in Particular (omnia rite esse acta praesumuntu...
3.2.2 The Responsibility of the State Is Not to be Presumed
3.2.3 Presumption of Nationality (of Natural Persons)
3.3 Presumptions: A Preliminary Conclusion
References
Authors
Articles
Chapter 4: The Admissibility of Evidence
4.1 The General Principle of Freedom of Admission of Evidence by an International Tribunal
4.2 Limits of the General Principle of Free Appreciation of Evidence
4.2.1 The Limit of Relevance
4.2.2 The Limit of Materiality
4.2.3 General Limitations on Admissibility: A First Conclusion
4.3 Admissibility in the Strict Sense
4.3.1 Inadmissibility of Evidence Obtained Through Violation of International Law, State Secrets, or Professional Confidential...
4.3.2 ICJ Guidance on the Issue of Settlement Privilege
4.3.3 Evidence Produced After the Expiry of the Time Limit Set by the Tribunal
4.3.4 False Evidence and New Evidence Discovered After the Award
4.4 Admissibility of Evidence: The ICJ Guidance: A Preliminary Conclusion
References
Authors
Articles
Chapter 5: The Taking of Evidence
5.1 The Applicable Legal Framework for the Taking of Evidence
Acknowledgements
Contents
Chapter 1: Introduction
1.1 Literature Review
1.2 Research Questions and Methodology
References
Authors
Articles
Chapter 2: The Burden of Proof and Its Exceptions
2.1 The Origins and Definition of the Principle of onus probandi incumbit actori: Between Common and Civil Legal Tradition
2.2 Identifying the Party Bearing the Burden of Proof
2.3 Onus probandi incumbit eius quid dicit: A First Conclusion
2.4 Exceptions to the Application of the Rule of onus probandi incumbit eius quid dicit
2.4.1 Burden of Proof and Default of a Party
2.4.2 Notorious Facts and Factual Investigations by the Tribunal
2.4.3 Iura novit curia
2.4.4 Burden of Proof Concerning Jurisdictional Issues
2.4.5 Burden of Proof and the Issue of Bifurcation of the Arbitration Proceeding
2.4.5.1 La raison dé̂tre of Preliminary Objections in General International Law
2.4.5.2 The Limited Exceptions Which Justify the Possibility to Join Preliminary Issues to the Merit
2.4.5.3 The Approach of the Court in the Case Certain Iranian Assets
2.4.5.4 Concluding Remarks on the Approach of the ICJ to the Treatment of Preliminary Objections
2.4.5.5 The Issue of Bifurcation in International Investment Arbitration: The Need for a Guidance
2.5 The Exceptions to the Rule onus probandi incumbit eius quid dicit: Some Practical and Theoretical Conclusions
References
Authors
Articles
Chapter 3: Presumptions
3.1 General Notions Concerning Presumptions
3.2 Specific Presumptions
3.2.1 Presumption That States Respect the Law in General and International Law in Particular (omnia rite esse acta praesumuntu...
3.2.2 The Responsibility of the State Is Not to be Presumed
3.2.3 Presumption of Nationality (of Natural Persons)
3.3 Presumptions: A Preliminary Conclusion
References
Authors
Articles
Chapter 4: The Admissibility of Evidence
4.1 The General Principle of Freedom of Admission of Evidence by an International Tribunal
4.2 Limits of the General Principle of Free Appreciation of Evidence
4.2.1 The Limit of Relevance
4.2.2 The Limit of Materiality
4.2.3 General Limitations on Admissibility: A First Conclusion
4.3 Admissibility in the Strict Sense
4.3.1 Inadmissibility of Evidence Obtained Through Violation of International Law, State Secrets, or Professional Confidential...
4.3.2 ICJ Guidance on the Issue of Settlement Privilege
4.3.3 Evidence Produced After the Expiry of the Time Limit Set by the Tribunal
4.3.4 False Evidence and New Evidence Discovered After the Award
4.4 Admissibility of Evidence: The ICJ Guidance: A Preliminary Conclusion
References
Authors
Articles
Chapter 5: The Taking of Evidence
5.1 The Applicable Legal Framework for the Taking of Evidence