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

Roman Khodykin, Carol Mulcahy, Nicholas Fletcher

Abstract

The IBA Rules on the Taking of Evidence in International Arbitration (the ‘Rules’) are widely used in international arbitration cases, regardless of the administering institution or the legal background of the parties. The updated Rules were adopted in 2010 and include mechanisms for the presentation of documents, witnesses of fact, and expert witnesses, as well as guidance on the conduct of evidentiary hearings, and the admissibility and assessment of evidence. They are widely accepted by the arbitration community and have become an international applicable standard. That said, the Rules are, at times, unclear and open to interpretation, leading to potential disputes or uncertainty as to how they should be applied in practice. This book provides a comprehensive, article-by-article commentary on the Rules, pulling together in one volume an in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and professional experience. The chapters offer practical guidance on issues that frequently arise in practice and provide a resource for practitioners seeking to advance or defend particular propositions. They also analyse how the Rules work in tandem with other applicable provisions and include templates and checklists that practitioners can use to support their daily practice.

Bibliographic Information

Roman Khodykin, author

Carol Mulcahy, author

Nicholas Fletcher, editor


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Contents

A Guide to the IBA Rules on the Taking of Evidence in International Arbitration by Khodykin, Roman; Mulcahy, Carol (3rd October 2019)