A conference presented by the IBA Arbitration Committee, supported by the IBA European Regional Forum
Now in its 20th year, and following the repeated success of this event, the annual Arbitration Day has become a must attend event for lawyers in private practice, government and public bodies, in-house counsel, executives involved in international business activities, and academics with an interest in international arbitration.
The main idea of this conference is to study the impact on the gathering and weighing of evidence in international arbitration when related proceedings are simultaneously pending. These related proceedings may take place before criminal courts or regulatory authorities (banking, competition). The powers of prosecutors, judges and regulatory authority may significantly differ from that of the arbitrators, when it comes to having access to evidence, assessing it or determining whether the burden of proof has been satisfactorily discharged.
Topics will include:
- Communication of evidence in parallel proceedings
- Burden of proof and production of documents: Redfern schedules, adverse inferences, privilege issues: is this system really working?
- Burden of proof and fact and expert witnesses: are they really helpful?
- The role of the Tribunal in the assessment of the burden proof, “inquisitorial” v. “adversarial” arbitrators.
- ?Details and program can be found at www.ibanet.org