Arbeitsbereich
IBA Evidence

IBA Evidence  
IBA Rules on the Taking of Evidence in International Arbitration (2020)

These IBA Rules on the Taking of Evidence in International Arbitration (‘IBA Rules of Evidence’) are a revised version of the IBA Rules on the Taking of Evidence in International Commercial Arbitration, prepared by a Working Party of the Arbitration Committee in 1999, revised by a Review Subcommittee in 2009 and further revised by a Task Force in 2020. The members of the Working Party, Review Subcommittee and Task Force are listed from page 25.
The IBA issued these Rules as a resource to parties and to arbitrators to provide an efficient, economical and fair process for the taking of evidence in international arbitration. The Rules provide mechanisms for the presentation of documents, witnesses of fact and expert witnesses, inspections, as well as the conduct of evidentiary hearings. The Rules are designed to be used in conjunction with, and adopted together with, institutional, ad hoc or other rules or procedures governing international arbitrations. The IBA Rules of Evidence reflect procedures in use in many different legal systems, and they may be particularly useful when the parties come from different legal cultures.
Since their issuance in 1999, the IBA Rules on the Taking of Evidence in International Commercial Arbitration have gained wide acceptance within the international arbitral community. In 2008, a review process was initiated at the instance of Sally Harpole and Pierre Bienvenu, the then Co-Chairs of the Arbitration Committee. A revised version of the IBA Rules of Evidence was developed by the members of the IBA Rules of Evidence Review Subcommittee, assisted by members of the 1999 Working Party. The revised Rules replaced the IBA Rules on the Taking of Evidence in International Commercial Arbitration, which themselves replaced the IBA Supplementary Rules Governing the Presentation and Reception of Evidence in International Commercial Arbitration, issued in 1983.
In 2019, following a report on the reception of the IBA soft law products, the Review Task Force was created to review and revise the Rules as needed. These revised Rules replace the IBA Rules on the Taking of Evidence in International Arbitration as adopted in 2010.
If parties wish to adopt the IBA Rules of Evidence in their arbitration clause, it is recommended that they add the following language to the clause, selecting one of the alternatives therein provided:
‘[In addition to the institutional, ad hoc or other rules chosen by the parties,] [t]he parties agree that the arbitration shall be conducted according to the IBA Rules of Evidence as current on the date of [this agreement/the commencement of the arbitration].’
In addition, parties and Arbitral Tribunals may adopt the IBA Rules of Evidence, in whole or in part, at the commencement of the arbitration, or at any time thereafter. They may also vary them or use them as guidelines in developing their own procedures.
The revised IBA Rules of Evidence were adopted by resolution of the IBA Council on 17 December 2020. The IBA Rules of Evidence are available in English, and translations in other languages are planned. Copies of the IBA Rules of Evidence may be ordered from the IBA, and the Rules are available to download at tinyurl.com/iba-Arbitration-Guidelines. A Commentary to the IBA Rules of Evidence aimed at assisting parties and Arbitral Tribunals in applying and interpreting the IBA Rules of Evidence is available to download at the address above.

Gaëtan Verhoosel
Philippe Pinsolle
Co-Chairs, Arbitration Committee
17 December 2020
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