IBA Evidence IBA Rules on the Taking of Evidence in International Arbitration (2020)
IBA Evidence
IBA Rules on the Taking of Evidence in International Arbitration (2020)
- The Arbitral Tribunal shall consult the Parties at the earliest appropriate time in the proceedings and invite them to consult each other with a view to agreeing on an efficient, economical and fair process for the taking of evidence.
- The consultation on evidentiary issues may address the scope, timing and manner of the taking of evidence, including, to the extent applicable:
(a) the preparation and submission of Witness Statements and Expert Reports;
(b) the taking of oral testimony at any Evidentiary Hearing;
(c) the requirements, procedure and format applicable to the production of Documents;
(d) the level of confidentiality protection to be afforded to evidence in the arbitration;
(e) the treatment of any issues of cybersecurity and data protection; and
(f) the promotion of efficiency, economy and conservation of resources in connection with the taking of evidence.
- The Arbitral Tribunal is encouraged to identify to the Parties, as soon as it considers it to be appropriate, any issues:
(a) that the Arbitral Tribunal may regard as relevant to the case and material to its outcome; and/or
(b) for which a preliminary determination may be appropriate.
Import: