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Balancing the Scales

By Nikolin Muçaj

Balancing the Scales

By Nikolin Muçaj

0 - Default Title
Description
This book provides a critical analysis of the central procedural tension in international arbitration: balancing the efficient resolution of disputes with the fundamental requirements of due process, specifically in the realm of evidence. It examines how arbitral tribunals, guided by soft-law frameworks such as the IBA Rules on the Taking of Evidence, navigate complex admissibility challenges, including legal privilege, illegally obtained materials, and state secrecy, that arise from the clash of common law and civil law traditions. The work argues that a tribunal's handling of these evidentiary crossroads directly impacts core principles of fairness, namely equality of arms and the right to be heard. Ultimately, it demonstrates how procedural missteps can undermine an award's legitimacy and trigger enforcement challenges under the New York Convention, offering a structured assessment vital for practitioners and scholars alike.
Product details
Binding:
Paperback
Number of Pages:
60
Release Date:
2026-01-16
Publication Date:
2026-01-16
Publisher:
GlobeEdit
Languages:
Original: English
ISBN10:
620947148X
ISBN13:
9786209471483
GPSR Manufacturer Reference:
[email protected]
Weight:
107 g
Height:
150 cm
Width:
220 cm
Thickness:
4 cm
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