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4 Article 1: Scope of Application

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: 18 June 2024

Evidence — Arbitral rules — Arbitration

This chapter discusses Article 1, which addresses the interaction between the IBA Rules and the various other rules that may apply in an individual arbitration. Article 1 sets out a number of principles that are to be applied in addressing a conflict between the IBA Rules and (a) any applicable mandatory provisions of law or (b) the institutional, ad hoc, or other rules that have been chosen to apply to the arbitration—defined in the IBA Rules as the General Rules. It also lays down the principles to be applied in the event of a dispute regarding interpretation of the IBA Rules, or where the parties are unable to agree what to do when those rules are silent on a particular matter concerning the taking of evidence. Moreover, Article 1 stipulates which version of the IBA Rules is to apply to a particular arbitration.

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