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Evidence — overviewEvidence — institutional and UNCITRAL rules

Each set of rules sets out the arbitrators’ powers in relation to evidentiary matters. The powers and the extent to which they are exercisable depend on the applicable rules. Examples of types of powers are:

  • conducting the arbitration in an appropriate manner, or

  • determining the admissibility, relevance, materiality and weight of evidence

Evidence — IBA

Parties may agree to the IBA rules governing the taking of evidence unless any specific provision conflicts with any applicable mandatory rule. The rules apply to documents, factual witnesses, party appointed experts, tribunal appointed experts, on site inspection, evidentiary hearing and the admissibility and assessment of evidence.

KnowHow: Detailed Practice Notes written by our Professional Support Lawyers, guiding you through the key issues in each topic.

Precedents: Precedents with drafting notes written by our Professional Support Lawyers, plus selected key precedents from authoritative Butterworths® titles.

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