International dispute resolution

Extract

[...] Such a request shall identify the document(s) with a reasonable degree of specificity and establish the relevance of the document(s) to the arbitration. The IBA Rules of Evidence shall apply together with the Rules of Arbitration of the International Chamber of Commerce governing any submission to arbitration incorporated in this contract. Where they are inconsistent with the before said Rules of Arbitration of the International Chamber of Commerce, these IBA Rules of Evidence shall prevail but solely as regards the presentation and reception of evidence. The parties shall attempt to settle any dispute relating to this contract amicably. [...]

[...] International Dispute Resolution Assignment for Valve GmbH: Draft a dispute resolution provision to propose to Indopines Oil & Gas Ltd. The provision should provide maximum protection to Valve GmbH, consistent with its usual approach towards contracting. In addition, also draft a fall-back proposal for the project. Senior management has identified the Indopines Oil & Gas Ltd project as a strategic priority, highly important to Valve GmbH's future, and do not want disagreement about dispute resolution provisions to derail the company's efforts. [...]

[...] The parties shall be entitled to engage in reasonable discovery, including requests for the production of relevant documents. Depositions may be ordered by the arbitrators upon a showing of need. The IBA Rules of Evidence shall apply together with the Rules as stated in the laws of Germany governing any submission to arbitration incorporated in this contract. Where they are inconsistent with the before said Rules as stated in the laws of Germany, these IBA Rules of Evidence shall prevail but solely as regards the presentation and reception of evidence. [...]

[...] All written submissions shall be made in the English language. All evidence, including all witness statements, shall be submitted in the English language, or with a translation into the English language. Oral testimony shall be in the English language or shall be simultaneously translated into the English language by a translator. Each party shall bear its own translation costs. The governing law of the contract shall be the substantive law of Germany. The submission to arbitration and the arbitral proceedings shall be governed by the Rules of Arbitration of the International Chamber of Commerce. [...]

[...] The parties to an arbitration shall keep the arbitration confidential and shall not disclose to any person, other than those necessary to the proceedings, the existence of the arbitration, any information submitted during the arbitration, any documents submitted in connection with it, any oral submissions or testimony, transcripts, or any award unless disclosure is required by law or is necessary for permissible court proceedings, such as proceedings to recognise or enforce an award. The arbitrators' award will be final and binding. The parties expressly exclude any and all rights to appeal, set aside or otherwise challenge any award by the arbitrators, insofar as such exclusion can validly be made. [...]