IBA Rules of Evidence

ACICA, Australia, Australian Arbitration Week, Burden of proof, Evidence, IBA Rules of Evidence

(LK Law)/ /Leave a comment
ACICA 45

Australian Arbitration Week continued in full force on the morning of 16 October 2024, with ACICA45’s panel discussion named, “Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof,” hosted by Deloitte.  The panel was moderated by Brisbane-based ACICA45 Steering Committee members Oliver Cook (Barrister, Level 27 Chambers) and Zara Shafruddin (Associate, Jones Day).  Drawing…

Discovery, Document Production, Evidence, IBA Rules of Evidence, Prague Rules

, (Peter & Kim)/ /Leave a comment

Introduction Document production has become a standard phase in international arbitration, but the documents sought and produced often turn out to be voluminous. As such, document production is perceived as a time-consuming, costly, and burdensome process. This has prompted practitioners to come up with the Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague…

Armesto Schedule, Document Production, Efficiency, IBA Rules of Evidence, Procedural Fairness, Redfern Schedule

, (Armesto & Asociados)/ /1 Comment

Many will shy away from this article on account of its mere title. This is understandable considering that document production tends to be seen as a nightmarish phase in arbitration for junior, senior lawyers and arbitrators alike. This is because, if not handled properly, document production can turn into a very costly and time-consuming exercise….

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Construction, Construction arbitration, Dispute Resolution, Document Production, Expert evidence, Hearings, IBA, IBA Rules of Evidence, International arbitration, Prague Rules

(Hogan Lovells)/ /Leave a comment

The main concerns of parties when considering arbitration are the costs and length of arbitration proceedings (see, e.g., Queen Mary University of London 2018 International Arbitration Survey). The popularity of arbitration as a method of resolving construction disputes thus depends largely on whether costs can be reduced and efficiency maintained. This is particularly the case…

Arbitral Tribunal, IBA, IBA Rules of Evidence, International Arbitration Procedures, Prague Rules, Tribunal

(Clyde & Co.)/ /1 Comment

On December 2018, the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (“Prague Rules”) were released. (For related posts on the Prague Rules on Kluwer Arbitration Blog click here, here, here, and here.) The Prague Rules aim to increase efficiency and reduce costs in arbitral proceedings. The project arose from a general…

Achmea, Discovery, Diversity, Evidence, IBA Rules of Evidence, Investment agreements

(White & Case LLP), (Derains & Gharavi), and (Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment
Young ITA

Key developments in international arbitration in 2018 were the focus of an end-of-the-year conference held on Wednesday, 19 December 2018, organized by CIArb YMG, the young members’ group of the Chartered Institute of Arbitrators, and Young ITA, the young members’ group of the Institute for Transnational Arbitration.  The event’s faculty members were Alexander G. Leventhal…

Discovery, Evidence, IBA Rules of Evidence, Prague Rules

(MDisputes)/ /2 Comments

The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration will be officially launched this week (December 14). This set of rules of evidence and procedure formulated from civil law practices has already generated a substantial and healthy debate within the international arbitration community, including here on the Kluwer blog, on whether they…

Arbitration, Arbitration Proceedings, Document Exchange, Document Production, IBA Rules of Evidence, Prague Rules

, (Baysal & Demir Law Firm)/ /1 Comment

Document production is one of the most important and controversial topics in international arbitration. Some practitioners consider the document production as “an essential element of justice”, whereas some others consider it as “a waste of time and money”. So, where does the truth lie? Does Common Law Provide Better Justice than Civil Law or Vice…

Arbitration Proceedings, IBA, IBA Rules of Evidence, Legal traditions

(Kocur & Partners)/ /Leave a comment

This season the draft Rules on Conduct of the Taking of Evidence in International Arbitration (the Prague Rules) are a regularly occurring topic at European arbitration events. In a nutshell, 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…

Code of Ethics, Evidence, Germany, Greece, IBA, IBA Rules of Evidence, Privilege, Switzerland

(Shehata & Partners, Maastricht University)/ /1 Comment

The concept of attorney-client privilege is a unique creation of common-law jurisdictions which has influenced all types of legal regimes over the world. Common-law regimes developed such a concept to curb the wide sphere of document production and discovery in litigation. As the name of the concept entails, it was created as a privilege for…

Evidence, IBA Rules of Evidence, Singapore

(Clifford Chance Asia) and (Clifford Chance)/ /Leave a comment

The Singapore High Court in BQP v BQQ [2018] SGHC 55 (judgment rendered on 14 March 2018) (the “Judgment”) dismissed a challenge against an arbitration tribunal’s award on jurisdiction and in so doing confirmed that where parties have agreed that the tribunal shall determine the relevance, materiality, and admissibility of all evidence, the tribunal would…

Adverse Inference, Algeria, Arbitration, Canada, Czech Republic, Ecuador, Good Faith, IBA Rules of Evidence, Investment protection, Investor-State arbitration, Poland, Venezuela

/ /Leave a comment

Principles of adverse inferences are applied universally. International law endorses the arbitrator’s inherent authority to draw adverse inferences against a party for unjustified non-compliance with an order to produce information. Moreover, arbitrators can rely on general principles of law when applying adverse inferences as a basis for decisions. The general principle of good faith imposes…

Belt Road Initiative, Evidence, IBA Guidelines on Party Representation, IBA Rules of Evidence, ICCA Sydney 2018, Parallel Proceedings, Permanent Court of Arbitration

(King & Wood Mallesons)/ /Leave a comment
King & Wood Mallesons

In a much-anticipated session at ICCA Sydney Conference 2018 moderated by Mark Kantor, the panel: Joongi Kim, Yonsei Law School (Republic of Korea); Judith Levine, Permanent Court of Arbitration (Australia, Ireland); Natalie L. Reid, Debevoise & Plimpton LLP (Jamaica), tackled the following four “hot topics” in international arbitration: 1. illegally obtained evidence; 2. the One…

Evidence, Expert Conferencing, IBA Rules of Evidence, ICC Rules, Singapore

, , (Clifford Chance) and (Clifford Chance Asia)/ /Leave a comment

Introduction Expert conferencing is undoubtedly gaining popularity in international arbitration. Many leading arbitrators are supporters and proponents of expert conferencing. Its attraction is growing in Singapore, as borne out by the results of a 2013 survey by the Singapore International Arbitration Centre. Expert conferencing can prove a baffling process for the lawyer trained to deal…

IBA Guidelines on Conflicts of Interest, IBA Rules of Evidence, Lex Mercatoria, Soft Law Instruments, Surveys, UNIDROIT Principles of International Commercial Contracts

(WAGEMANN Arbitration)/ /1 Comment
Institute for Transnational Arbitration (ITA)

Between February and March 2014, the Survey on the Use of Soft Law Instruments in International Arbitration was open for responses here at Kluwer Arbitration Blog. The users were asked 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,…

Disclosure, Discovery, Document Exchange, Document Production, IBA Guidelines on Party Representation, IBA Rules of Evidence

(Williams & Connolly LLP)/ /1 Comment

Former U.S. Defense Secretary Donald Rumsfeld famously introduced into the American lexicon the oxymoronic concept of the “known unknown”—“that is to say we know there are some things we do not know.”1)See Michiko Kakutani, Rumsfeld’s Defense of Known Decisions, N.Y. TIMES (Feb. 3, 2011), https://www.nytimes.com/2011/02/04/books/04book.html?pagewanted=all&_r=1& (reviewing DONALD RUMSFELD, KNOWN AND UNKNOWN: A MEMIOR (2011)). A…

Arbitration clause, Best practices, Conflicts of interest, Evidence, IBA Guidelines on Conflicts of Interest, IBA Rules of Evidence, ICC Arbitration, International arbitration

(KarimSyah Law Firm)/ /Leave a comment
ArbitralWomen

By Karen Mills, Mirèze Philippe and Ileana M. Smeureanu The views expressed are those of the authors alone and should not be regarded as representative of or binding upon the institution or the law firms they belong to. In the last twenty years there has been a proliferation of books, publications and articles about arbitration….

Arbitration Proceedings, Discovery, Evidence, IBA Rules of Evidence, Witness

(Conway & Partners)/ /Leave a comment

Broadly defined, the word “deposition” refers to the taking of a “written record of a witness’s out-of-court testimony.” (Bryan A. Gardner, Black’s Law Dictionary, 8th edition , p. 472.) This general definition notwithstanding, in practice the word “deposition” has become closely associated with US pre-trial discovery. The witness deposition, which is attended by lawyers for…

arbitrators’ conduct, Evidence, IBA Rules of Evidence

(Loyola University Chicago School of Law)/ /2 Comments
Institute for Transnational Arbitration (ITA)

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 Good Faith, Bad Faith, But Not Losing Faith:  A Commentary on the 2010 IBA Rules on the Taking of Evidence in International Arbitration, Pedro J….

Arbitration Proceedings, Discovery, Evidence, IBA Rules of Evidence, International arbitration

(MDisputes)/ /4 Comments

Conventional wisdom holds that one of the virtues of international arbitration is the ability to blend divergent procedures, generally referring to civil and common law traditions. The IBA Rules of Evidence, for example, seek to strike a balance among different legal cultures. “Harmonization” and “flexibility” are the terms commonly used to refer to this mixing…