On 29 May 2010 the IBA Council adopted the newly re-drafted ‘IBA Rules on the Taking of Evidence in International Arbitration’ (IBA Rules). The IBA first set out its Rules of Evidence in 1983. They were last updated in 1999. The most recent modification was carried out by a committee under the joint chairmanship of Judith Gill QC and Guido Tawil. For the IBA Rules to apply, the parties have to adopt them. This is now very commonly done: parties often incorporate the Rules into their terms of reference and tribunals commonly incorporate them in their case management orders. Even when the Rules are not expressly adopted by the parties, they serve as a guide to tribunals as they set out the international norm.
Given that the IBA Rules are such a common feature of international arbitration, it is perhaps surprising that so far little work has been done explaining and analysing the Rules. This lacuna has been successfully filled by two commentaries on the Rules; one by Swiss practitioners and one by an English solicitor. It should be noted that both commentaries were commissioned by the publishers and they are not endorsed by the IBA or its Arbitration Committee.
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