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12 Article 9: Admissibility and Assessment of Evidence

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, 2022. All Rights Reserved.date: 29 September 2022

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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