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Search for Truth in Arbitration: Is Finding the Truth What Dispute Resolution Is About - ASA Special Series No. 35

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Edited by: Marcus Wirth, Christina Rouvinez, Joachim Knoll

ISBN13: 9781933833897
Published: September 2011
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £95.00

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This volume of the ASA Special Series contains the written version of the presentations given at the ASA 2009 Annual Conference on "The Search for "Truth" in Arbitration: Is finding the Truth what Dispute Resolution is about?" This volume explores the role and the relevance of "truth" in dispute resolution and specifically in commercial arbitration; the different notions of truth in different legal cultures; the users' view in that respect; and the consequences of these different perspectives and approaches for the practice of international arbitration.

Part one provides the "philosophical" background to the subsequent discussions of some practical issues from the perspective of the users of arbitration services as well as of the providers of these services, arbitrators and counsel. Next, two practical issues that have for a long time been a hot topic in commercial arbitration practice, cross-examination and document production, are expolored from different perspectives.

Finally formalism in arbitral proceedings is discussed – is formalism good or evil? It has been concluded that formal requirements should never be handled in a way that would hinder a tribunal or a court from accomplishing the main task with which it was entrusted either by the parties or by the State: applying the substantive law to the issues before them and finding a just and fair solution to the parties' dispute.

The presentations published in this volume of the ASA Special Series will contribute to the discussion of the ever intriguing question "Is Finding the "Truth" what Dispute Resolution is about?"

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Arbitration and Dispute Resolution
Markus Wirth
Program of the conference
Chapter 1 Truth-Seeking in International Arbitration Prof. William W. Park
Chapter 2 The "Search for Truth" in Arbitration - The civil Law View - the German Perspective Prof. Dr. Peter Schlosser
Chapter 3 The Concept and Relevance of "Truth" in Dispute Resolution - the Asian View Teresa Cheng
Chapter 4 The Prospects of the Legal Truth within the Context of Arab Islamic Legal Systems Prof. Dr. Ahmed Sadek El-Kosheri
Chapter 5 Twenty-four Theses about Witness Testimony in International Arbitration and Cross-Examination
Michael E. Schneider
Chapter 6 In Defence of Cross-Examination Constantine Partasides
Chapter 7 Document Production in Arbitration: A Civil Law Viewpoint Prof. Pierre Tercier / Tetiana Bersheda
Chapter 8 Document Production in International Arbitration - How Much is Too Much? Observations from a Common-Law Perspective Tyler B. Robinson
Chapter 9 The Uncomfortable Truth: Once Discovered What to Do With it? Elliott Geisinger / Pierre Ducret
Chapter 10 Formalism in Arbitration - Good or Evil Bernhard F. Meyer
Chapter 11: Formalism in Arbitral Proceedings - Good or Evil? Justice Christopher Clarke.

Series: ASA Special Series

ASA No 36: Advocacy in International Commercial Arbitration ISBN 9781933833910
Published September 2013
Juris Publishing
ASA No 38: Post Award Issues ISBN 9781933833903
Published December 2011
Juris Publishing