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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: 17 June 2024

Good faith — Evidence — Arbitral rules

This chapter discusses the Preamble to the IBA Rules. Although the 1983 Rules did not contain a preamble, one was introduced in the 1999 Rules. The statement of principles and objectives contained in that preamble were further developed in the current 2010 Rules. The Preamble to the IBA Rules now comprises three short paragraphs. It explains what the IBA Rules are intended to accomplish and expresses two general principles underlying the drafting and application of those rules. These principles and objectives are important in aiding interpretation of the IBA Rules. The principles contained in the Preamble also inform the approach to be adopted by a tribunal where both the IBA Rules and the General Rules are silent on a matter affecting the taking of evidence and the parties have been unable to reach agreement on how that matter is to be addressed.

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