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)
In the IBA Rules of Evidence:
‘Arbitral Tribunal’ means a sole arbitrator or a panel of arbitrators;
‘Claimant’ means the Party or Parties who commenced the arbitration and any Party who, through joinder or otherwise, becomes aligned with such Party or Parties;
‘Document’ means a writing, communication, picture, drawing, program or data of any kind, whether recorded or maintained on paper or by electronic, audio, visual or any other means;
‘Evidentiary Hearing’ means any hearing, whether or not held on consecutive days, at which the Arbitral Tribunal, whether in person, by teleconference, videoconference or other method, receives oral or other evidence;
‘Expert Report’ means a written statement by a Tribunal-Appointed Expert or a Party-Appointed Expert;
‘General Rules’ mean the institutional, ad hoc or other rules that apply to the conduct of the arbitration;
‘IBA Rules of Evidence’ or ‘Rules’ means these IBA Rules on the Taking of Evidence in International Arbitration, as they may be revised or amended from time to time;
‘Party’ means a party to the arbitration;
‘Party-Appointed Expert’ means a person or organisation appointed by a Party in order to report on specific issues determined by the Party;
‘Remote Hearing’ means a hearing conducted, for the entire hearing or parts thereof, or only with respect to certain participants, using teleconference, videoconference or other communication technology by which persons in more than one location simultaneously participate;
‘Request to Produce’ means a written request by a Party that another Party produce Documents;
‘Respondent’ means the Party or Parties against whom the Claimant made its claim, and any Party who, through joinder or otherwise, becomes aligned with such Party or Parties, and includes a Respondent making a counterclaim;
‘Tribunal-Appointed Expert’ means a person or organisation appointed by the Arbitral Tribunal in order to report to it on specific issues determined by the Arbitral Tribunal; and
‘Witness Statement’ means a written statement of testimony by a witness of fact.
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