12.1 Article 9 is a key provision of the IBA Rules. It deals with assessment and admissibility of evidence, contains the benchmarks by reference to which evidence may be excluded, and provides certain mechanisms by which the tribunal may address bad-faith conduct by a party to the arbitration. 12.2 The results of an IBA survey show that Article 9 is the second most referenced provision of the IBA Rules (approximately 13 per cent of all references), second only to Article 3.1 12.3 The equivalent provision in the 1999 IBA Rules2 was similar in scope to the present...
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