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Update to IBA Rules on the taking of evidence

By Signature Litigation
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Signature Litigation

The International Bar Association (IBA) Rules are a soft law instrument which provides a framework for the exchange and production of documents in international arbitration (conditions for production orders: confidentiality, relevance, custody, importance for the dispute’s outcome), witness and expert examination (admissibility of an employee’s testimony, consequences of renouncing cross examination) etc.

In this slide show, Ryan Cable highlights the most important modifications of this recent update:

  • the possibility to organise virtual hearings;
  • the tribunal being invited to discuss cybersecurity and data protection with the parties;
  • simplification of document production by not imposing the production of identical documents;
  • the possibility for parties to file modified witness statements and expert reports, to handle facts which may not have been taken into consideration;
  • the possibility for the tribunal to exclude all documents obtained illegally.

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