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Evidence and Substantive Matters
The concealment of evidence refers to the concealment by one of the parties in the arbitration proceedings of evidence that has a significant impact...
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Digital Evidence: The Admissibility of Leaked and Hacked Evidence in Arbitration Proceedings
The increasing use of digital technologies in judicial and arbitration proceedings increases the usage of digital evidence by the parties, which...
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Fruit of the Poison Tree Doctrine in U.S. Criminal Proceedings and Regulations on the Exclusion of Evidence in Vietnamese Criminal Proceedings
This study contrasts the evidence exclusion principles within the adversarial legal system of the United States, particularly the “fruit of the...
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The Evidence Renewal Model in Italy
In the Italian criminal procedure system, appeal is structured as a critical re-examination of the lower court’s decision, guided by the issues...
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Evidence and Proof
Evidence plays an important role for the outcome of any dispute irrespective of the fact where and how it is being settled. It is reported that...
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Leading Evidence in Chief
To be effective as an advocate both in preparation and in court, you must know the rules of evidence relevant to your jurisdiction. Some evidentiary...
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Audio-Visual Recordings as Evidence in Criminal Procedure
If a witness contradicts in court what she is heard saying in a recording, or if she does not take the stand, the court may accept the recording...
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The Taking of Evidence
This chapter examines the taking of evidence in international arbitration in the field of investments. The subject of this chapter is closely tied to...
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Basic Issues of Evidence and Electronic Evidence in Civil and Commercial Dispute Resolution
According to the continuous development of information technology, the electronic evidence and the electronic sources of electronic evidence have...
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The Authentication of Electronic Evidence
As electronic evidence is easy to be changed, falsified or manipulated, it is necessary to ensure the authenticity of electronic evidence in order to...
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The Admission of Electronic Evidence in Civil and Arbitral Proceedings
In civil and commercial dispute resolution, not all obtained evidence shall be admitted by the courts or arbitral tribunal. The admissibility of...
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Digital evidence “hidden in the Cloud”: Is “possession” still a relevant notion?
The distinct characteristics of the “immaterial world” called “the Cloud” have essentially transformed the notion of “possession”. This article...
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Proportionality, Evidence and the COVID-19-Jurisprudence in Germany
What is proportionate? The measures taken worldwide to contain SARS-CoV-2 deeply curtailed the fundamental rights of many citizens. The courts have...
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Evidence in International Investment Arbitration
Collecting, presenting, and assessing evidence is at the very core of investor-State disputes. Investment tribunals have developed common practices...
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Evidence in International Investment Arbitration
Collecting, presenting, and assessing evidence is at the very core of investor-state disputes. Investment tribunals have developed common practices...
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Fundamental Principles of Civil Procedure and the Basic Principles Relating to Evidence in Civil Procedure
The preceding chapter has introduced the legal sources of the UNCITRAL, the EU, Germany and Vietnam on electronic evidence and the use of electronic...
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Protection of Privacy of Communication and the Admissibility of Electronic Evidence: An Assessment of the Supreme Court’s Guidelines
Privacy of communication is a fundamental human rights under the 1992 Constitution of Ghana. Thus, every person in Ghana is protected from...
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How to Transform Evidence into Fact? Analysis on the Evidence of Yinjie Cui Case
Evidence is the primary sourceto obtain the case facts. However, traditional discussion on the case facts only emphasizes on evidence, and the phase...