“Creeping Americanisation of international arbitration”, represented by the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). In this post, I will assess whether the Prague Rules…
On May 29, 2010, the International Bar Association (“IBA”) adopted the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) , a revised version of the original…
case that document production will occur, a hearing will take place, and witnesses/experts will be cross-examined. The IBA Rules on the Taking of Evidence (“IBA Rules”) are often used as…
…Court’s observations should apply with equal force when interpreting and applying the IBA Rules on the Taking of Evidence in International Arbitration 2010 (“IBA Rules”). The IBA Rules were referred…
…of the Evidence Act is the treatment of evidence, and this is conceptually independent and distinct from rules of contractual construction. While the rules of evidence under the Evidence Act…
the Prague Rules are a set of rules close to civil law systems, intended to replace the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules)….
The addition of the good faith requirement to the 2010 IBA Rules on the Taking of Evidence in International Arbitration has been criticized in a recent law review article. In…
procedures. The drafters proposed the Prague Rules as an alternative to the well-known and commonly adopted IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). The note…
a given case. Consequently, each procedure will differ. In doing so, the tribunals have little guidance from the IBA Rules on the Taking of Evidence in International Arbitration. Article 9(2)…
for instance, the recently updated IBA Rules on the Taking of Evidence in International Arbitration, which in fact has already happened in some disputes in Brazil under the ICC Rules….
…one thing can be said: the IBA Rules on the taking of evidence seem more agnostic than the Prague Rules. The Prague Rules are fitted to conflicts involving adjudicators from,…
include the CIETAC rules (2012), the ICC rules (2012), the Swiss rules (2012), and the UNCITRAL rules (2010). SIAC’s new rules are significant in part because of the institution’s substantial…
…to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest, IBA Guidelines on Party Representation,…
of the IBA Rules on the Taking of Evidence in International Arbitration allow an adverse inference due to refusal to produce documents or testimony. Article 9(7) permits cost shifting for…
…IBA Rules on Taking of Evidence in International Arbitration (“IBA Rules”) take precedent, and in the years since their launch have been widely used within the arbitration community. However, there…
perceived common law orientation of the IBA Rules of Evidence.1) See, e.g, whether the Prague Rules are a viable alternative to the IBA Rules of Evidence, whether civil law lawyers…
regarded since their publication in May 2013 as fairly controversial. The IBA Rules on the Taking of Evidence were perhaps regarded with as much scepticism upon their release, and are…
Association (“IBA”) Rules on the Taking of Evidence (“Evidence Rules”)) and prompted much debate amongst the arbitral community, including at least six posts on this blog,1) The previous KAB posts…
…the leaked evidence. The panel pointed out that the IBA Guidelines on Party Representation in International Arbitration (2013) and Article 9(2) and 9(3) of the IBA Rules on the Taking…
…to the IBA Rules on the Taking of Evidence also enshrines the principle that: “The taking of evidence shall be conducted on the principles that each Party shall act in…
…on Counsel Conduct could no doubt facilitate this process, in much the same way the IBA Rules on the Taking of Evidence in International Arbitration assist parties and tribunals in…
of evidence – is reserved to the competent Chinese court. The current position under the CIETAC Rules, therefore, which is reflected in Article 21.1 of the 2012 Rules, is that,…
the HKIAC Rules, with the threshold of HKD 25.000.000 (Art. 41.1 lit. a.). Whether the new Expedited Procedure Rules will foster parties’ choice of the ICC Rules will depend on…
Does the court apply national rules of evidence, or does the court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny…
