The Principle of Facticity:Outline for a Theory of Evidence in Arbitration
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
International Arbitration has distinguished itself as a method for dispute resolution that pleases both common and civil law practitioners. It, however, is not free of criticism,especially when fact-finding and evidentiary issues are at play. Perhaps because fact-finding is very closely linked to the culture in which they lie, perhaps because of the lack of a clear evidentiary rules governing international arbitration, a theory of evidence in international arbitration is still far fetched. Through the analysis of the distinctions between dispute resolution systems and the search for truth paradigm, this paper aims to develop and present an outline for the development of a theory of evidence in international arbitration.
Abstract
International Arbitration has distinguished itself as a method for dispute resolution that pleases both common and civil law practitioners. It, however, is not free of criticism,especially when fact-finding and evidentiary issues are at play. Perhaps because fact-finding is very closely linked to the culture in which they lie, perhaps because of the lack of a clear evidentiary rules governing international arbitration, a theory of evidence in international arbitration is still far fetched. Through the analysis of the distinctions between dispute resolution systems and the search for truth paradigm, this paper aims to develop and present an outline for the development of a theory of evidence in international arbitration.
참고문헌 (30)
- Air Canada, "Secretary of State for Trade, 1983, 2 AC 394", 411~ (1983)
- Air Canada, "Secretary of State for Trade (No. 2), 1983, 1 All ER 161 at 167" (1983)
- BERNARDINI, "The Role of the International Arbitrator", Arbitration International, 20(2), pp.113~ (2004)
- Bernardo Cremades, "Managing Discovery in International Arbitration", Dispute Resolution Journal, (72), pp.77~ (2002)
- E. Garsonnet, "Traité théorique et pratique de procedure civile et commerciale: en justice de paix et devant les conseils de prud’hommes", pp.365~ (1912), Receuil Sirey
- Eduardo José Couture, "Introdução ao Estudo do Processo Civil", pp.46~ (1998), Forense
- Eduardo Vidal, "Facticidade In Memórias e Cinzas: vozes do silêncio. Edelyn Schweidson (org.)", pp.157~ (2009), São Paulo
- FRASE, Richard S., "The Search for the Whole Truth about American and European Criminal Justice", Buffalo Criminal Law Review, 3(785), pp.821~ (2000)
- G.L. Certoma, "The Accusatory System v. the Inquisitorial System: Procedural Truth v. Fact?", Australian Law Journal, (56), pp.288~ (1982)
- GERBER, David J., "Extraterritorial Discovery and the Conflict of Procedural Systems: Germany and the United States", American Journal of Comparative Law, 34(745), pp.768~769 (1986)
- AC 304 at 318, , 1945
- Hickman, "Taylor. 395 U.S. 495", ~ (1947)
- Imre Kertész, "Arles: Actes Sud", 12~25 (2008)
- J J Spigelman, "The Truth Can Cost Too Much: The Principle of a Fair Trial", Australian Law Journal, 78, pp.29~ (2004)
- Jacques Lacan, "My teaching", pp.27~29 (2008), Verson
- JOLOWICZ, J.A, "Civil Procedure in the Common and Civil Law In Law, Legal Culture and Politics in the Twenty First Century", pp.69~ (2004), Franz Steiner Verlag
- Joseph M Fernandez, "An Exploration of the Meaning of Truth in Philosophy and Law", University of Notre Dame Australia Law Review, 11(53), pp.79~80 (2009)
- LANDAU, Larry, "Truth, Error and Criminal Law: An Essay in Legal Epistemology" (2008), Cambridge University Press
- Lord Bingham, "Reasons and Reasons for Reasons", Kluwer Law International, 4(2) (1998)
- MA, Y, "Comparative Analysis of Exclusionary Rules in the United States, England, France, Germany and Italy", Policing: An International Journal of Police Strategies & Management, 22, pp.280~ (1999)
- Matthew T King, "Security, Scale, Form and Function: The Search for Truth and the Exclusion of Evidence in Adversarial and Inquisitorial Justice Systems", International Legal Perspectives, 12(185), pp.193~207 (2001)
- Minet, , LR Ch App, (361), pp.368~ (1873)
- PAKTAR, "The Exclusionaty Rules in France, Germany and Italy", Hastings International & Comparative Law Review, 9, pp.1~ (1985)
- Philip Ayres, "Owen Dixon’s Causation Lecture: Radical Scepticism", Australian Law Journal, 77, pp.682~692 (2003)
- Robert S. Summers, "Formal Legal Truth and Substantive Truth in Judicial Fact-Finding", Law and Philosophy, 18, pp.497~ (1999)
- Sir Frederick Pollock, "Essays in the Law", pp.275~ (1922), Macmillan and Co
- STAUGHTON, "Common Law and Civil Law Procedures: Which is More Inquisitorial? A Common Lawyer’s Response", Arbitration International, 5, pp.352~ (1989)
- Thomas Wiegend, "Is the Criminal Process About Truth? A German Perspective", Harvard Law Journal of Law & Public Policy, (26,157), pp.160~173
- "Tim Wilkinson of Dossier K" (2013)[URL]
- Viscount Kilmuir, "The Migration of the Common Law", Law Quarterly Review, 76, pp.43~ (1960)