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Arbitration, whether domestic or international, is not just “litigation lite.” When it comes to evidence, arbitrators follow the applicable arbitration rules and arbitration law, not the Federal Rules of Evidence or Federal Rules of Civil Procedure. And while an arbitrator has broad discretion to admit or reject evidence, that authority is not unlimited. Consequently, the scope of admissible evidence, the nature of evidentiary objections, the relationship between admissible evidence and document production and other pre-hearing discovery, even the value of that evidence itself, can present challenges for someone unfamiliar with the arbitral environment. The differences are even more substantial in international arbitrations.
This 60-minute recorded webinar is your roadmap for navigating the evidentiary landscape. You will learn—
- why arbitrators regularly “take the evidence for what it is worth,” rather than sustain an evidentiary objection;
- the relationship between the requirement that “the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case,” grounds for vacating an award, and the reluctance of many arbitrators to refuse to admit evidence;
- why requests for negative inferences are routinely made, and routinely denied, but may have an impact on credibility and the persuasiveness of the challenged evidence;
- the negative consequences of regular objections in international arbitrations.
- best practices for evidence in domestic arbitrations and about the IBA Rules for the Taking of Evidence in International Arbitration;
- sources of authority for making and defending against evidentiary objections in arbitration;
WHO WOULD BENEFIT FROM THIS PRESENTATION – Arbitrators, litigators, advocates, academics, and anyone interested in the dispute resolution process.
What others are saying about this presentation...
"As an arbitrator with more than 30 years of experience, I found this one-hour webinar very helpful in focusing on the differences between litigation and arbitration under various AAA commercial rules. This will clearly enhance my skills as an arbitrator."
"Very relevant information. Packed with useful analysis... I didn't want it to stop..."
"A very timely and practical webinar which has applicability to many domestic and international arbitrations. Well worth the tuition and time to attend. Materials were concise; program well-prepared; and well-presented."
"A thoughtful, thorough and candid review of the principles and considerations -- and uncertainties and contradictions -- that inform and influence the conduct of domestic and international arbitrations."
"Very germane and focused content for this topic. Great investment of my time."
This program does not qualify for the AAA's annual Arbitrator Continuing Education (ACE) requirement.
Launching the Course After Registration
If you purchase this recorded webinar you will receive a confirmation email containing a link to the course. You will click the course link in that email or copy and paste the link into your browser to launch the course. If you have a "My Profile" account on this site, you can also launch the course from your Transcript page.
THIS COURSE IS COMPATIBLE WITH SAFARI.
CLE is currently not offered on AAA recorded webinars. Some jurisdictions will allow CLE credit for online programs, and we suggest that you confirm CLE credit availability for this type of program with the appropriate state CLE regulator. A Certificate of Attendance will be provided upon request.
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