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Arbitration & ADR

21 March 2019
Jiuguang Zhao Are recordings made without counterparty's consent admissible as evidence in arbitration?

China - Global Law Office

It has long been disputed whether video or audio recordings can be admitted as evidence in arbitration where they are made without the counterparty's consent. Although the general attitude in this regard has become more relaxed, such private video and audio recordings are not an effective form of evidence, as the counterparty may dispute them for many reasons. Thus, in order for recordings to be accepted as evidence, a number of factors should be considered.

Authors: Jiuguang Zhao, Yunjian Hou
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Costanza Mariconda Supreme Court of Cassation rules on nullity of arbitral award for late delivery of decision

Italy - Mariconda e Associati Studio Legale

The Supreme Court of Cassation recently found that parties alleging nullity of an arbitral award for the late delivery of the decision must notify the other parties and arbitrators before the award's deliberation pursuant to the Code of Civil Procedure. The decision strongly reaffirms a general principle of primary importance regarding arbitration under the code.

Author: Costanza Mariconda
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Authors: Madeleine Thörn, Fredrik Norburg
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United Kingdom - Clifford Chance

Authors: Marie Berard, James Dingley
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Authors: Frank Spoorenberg, Daniela Franchini
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Greece - Cocalis & Partners

Author: Dimitri N Cocalis
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Netherlands - Freshfields Bruckhaus Deringer LLP

Authors: Jeroen Van Hezewijk, Sandra Coelen
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Authors: Riza Gümbüşoğlu, Asena Aytuğ Keser, Pınar Ece Bişkin
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Cyprus - George Z Georgiou & Associates LLC

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