Guide to the IBA Rules on the Taking of Evidence in International Arbitration

£94.49

Guide to the IBA Rules on the Taking of Evidence in International Arbitration

International law: courts and procedures International law: arbitration Civil procedure: law of evidence

Authors: Roman Khodykin, Carol Mulcahy

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Language: English

Published by: OUP Oxford

Published on: 10th October 2019

Format: LCP-protected ePub

Size: 1 Mb

ISBN: 9780192550484


The IBA Rules on the Taking of Evidence in International Arbitration

The IBA Rules on the Taking of Evidence in International Arbitration (the ''Rules'')) are used in the majority of international arbitration cases, regardless of the administering institution or the legal background of the parties. The updated Rules were adopted in 2010 and provide mechanisms for the presentation of documents, witnesses of fact, expert witnesses, inspections, and the conduct of evidentiary hearings. They are widely accepted by the arbitration community and have become an international applicable standard.

That said, the Rules are at times unclear and open to interpretation, leading to potential disputes as to how they should be applied in practice. This book provides a comprehensive, article-by-article commentary on the Rules, pulling together in one volume an in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and the authors'' own practical experience.

The authors offer practical guidance on issues that frequently arise in practice and advise practitioners on how the Rules can be applied to advance or defend particular propositions. They also analyze how the Rules work in tandem with other applicable provisions, such as the UNCITRAL Model Law, and include practical templates and checklists that practitioners can use to support their daily practice.

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