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<jats:sec><jats:title>Abstract</jats:title><jats:p>This article considers the provisions of the IBA Rules on the Taking of Evidence in International Commercial Arbitration pertaining to documentary evidence, Articles 2, 3, and 9. The IBA Rules have emerged over time as a compromise set of standards appropriate for international arbitration and are widely used by tribunals throughout the world. This piece provides examples of arbitral case law in respect of the application of the Rules to issues concerning the taking and admission of documentary evidence. Moreover, the article also addresses issues regarding the role of the IBA Rules in the judicial review of arbitral awards, and their use in investor-state arbitration as opposed to international commercial arbitration. The goal of this article is to provide a thorough, case based commentary on the common approach used by tribunals in this area of procedure.</jats:p> </jats:sec>
The Law & Practice of International Courts and Tribunals – Brill
Published: Jan 1, 2009
Keywords: IBA RULES OF EVIDENCE; DOCUMENT PRODUCTION; EVIDENTIARY PROCEDURE
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