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5 Article 2: Consultation on Evidentiary Issues

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

Conduct of proceedings — Evidence — Arbitral rules

This chapter focuses on Article 2 of the IBA Rules. Article 2 is a new provision introduced by the current IBA Rules, and it consists of three parts. First, it provides for a mandatory consultation between the tribunal and the parties at the earliest appropriate time in the proceedings with the objective of agreeing on an ‘efficient, economical and fair process for the taking of evidence’. Second, it provides a framework for discussing evidentiary issues; it sets out a non-exhaustive list of evidentiary matters that the tribunal and parties may wish to consider during the mandatory consultation. Third, it encourages, but does not require, the tribunal to identify to the parties, as soon as it considers it to be appropriate, any issues (i) that the tribunal may regard as relevant to the case and material to its outcome; and/or (ii) for which a preliminary determination may be appropriate.

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