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10 Article 7: Inspection

Roman Khodykin, Carol Mulcahy, Nicholas Fletcher

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

Roman Khodykin, Carol Mulcahy
Edited By: Nicholas Fletcher

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 June 2024

Expert evidence — Witnesses — Arbitral rules

This chapter studies Article 7 of the IBA Rules. Article 7 enables the tribunal, a tribunal-appointed expert, or a party-appointed expert to make an inspection of a relevant site or thing. The inspection should be one that ‘may help the decision-making process’. The making of an inspection may have value in a number of different situations. For members of the tribunal, as well as for counsel, an inspection of the piece of equipment, manufacturing process, layout of a half-built holiday complex, or scene of an incident can offer clarity to submissions and evidence that appear impenetrable on paper. For an expert witness, an inspection may be critical. Moreover, inspection of proprietary material related to the matter in dispute may provide additional insight.

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