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A Guide to the IBA Rules on the Taking of Evidence in International Arbitration

A Guide to the IBA Rules on the Taking of Evidence in International Arbitration

Author: Roman Khodykin; Carol Mulcahy
Publisher: Oxford University Press
ISBN: 9780198818342
Published In: October 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The IBA Rules on the Taking of Evidence in International Arbitration (the 'Rules') are used in the majority of international arbitration cases, regardless of the administering institution or the legal background of the parties. The updated Rules were adopted in 2010 and provide mechanisms for the presentation of documents, witnesses of fact, expert witnesses, inspections, and the conduct of evidentiary hearings. They are widely accepted by the arbitration community and have become an international applicable standard. That said, the Rules are at times unclear and open to interpretation, leading to potential disputes as to how they should be applied in practice.

This book provides a comprehensive, article-by-article commentary on the Rules, pulling together in one volume an in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and the authors' own practical experience. The authors offer practical guidance on issues that frequently arise in practice and advise practitioners on how the Rules can be applied to advance or defend particular propositions. They also analyze how the Rules work in tandem with other applicable provisions, such as the UNCITRAL Model Law, and include practical templates and checklists that practitioners can use to support their daily practice.

1: Provenance and Development of the IBA Rules on Evidence
2: The Preamble
3: Definitions used in the IBA Rules on Evidence
4: Article 1: Scope of Application
5: Article 2: Consultation on Evidentiary Issues
6: Article 3: Documents
7: Article 4: Witnesses of Fact
8: Article 5: Party-Appointed Experts
9: Article 6: Tribunal-Appointed Experts
10: Article 7: Inspection
11: Article 8: Evidentiary Hearing
12: Article 9: Admissibility and Assessment of Evidence
Appendix 1: Commentary on the IBA Rules on the Taking of Evidence in International Arbitration
Appendix 2: Article 1 Roadmap
Appendix 3: Checklist of Points to Consider at the First Procedural Conference
Appendix 4: Sample Redfern Schedule
Appendix 5: Template Redfern Schedule
Appendix 6: Veeder Codes