New IBA Rules on the taking of evidence in international arbitration (Arbflash, July 2010)

The IBA Rules, adopted in 1999, are commonly used to supplement institutional or ad hoc rules that parties have agreed to apply to their arbitration. They accommodate both common law and civil law approaches to taking evidence in international commercial arbitration and are particularly useful in dealing with witness evidence and document production. After conducting a survey in 2008, the IBA reviewed its rules and produced new rules which were adopted on 29 May 2010. The new Rules will apply to all arbitrations in which the parties agree to apply the IBA Rules from 29 May 2010.

The key revisions include: early consultation by the tribunal in relation to evidential matters; guidance to the tribunal in relation to document requests (including "e-disclosure"); expansion of confidentiality protections; greater clarity in relation to the contents of expert reports; an obligation on witnesses to appear for oral testimony at a hearing only if their appearance has been requested by a party or the tribunal; specific guidance in relation to privilege; and incorporation of an express requirement of good faith in taking evidence (along with powers of the tribunal to reflect the lack of good faith in the awarding of costs).

To access a copy of the rules see the IBA website: http://www.ibanet.org/Document/Default.aspx?DocumentUid=68336C49-4106-46BF-A1C6-A8F0880444DC.

 

Please click on the links below for the other articles in the July 2010 Arbflash:

 

Contact

Ronnie King
T: +44 (0)20 7859 1565
E: ronnie.king@ashurst.com

 

This publication is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Readers should take legal advice before applying the information contained in this publication to specific issues or transactions.

 

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