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:
T: +44 (0)20 7859 1565
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.