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

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

Authors:

• Roman Khodykin
• Carol Mulcahy
• Nicholas Fletcher (Editor)

Publication Details:

• Published by: Oxford University Press
• Year of Publication: 2019

Key Themes

1. Structure and Analysis:

   • The book follows the structure of the IBA Rules, with each chapter providing the full text of each Article before offering a detailed analysis of the individual provisions.
   • This article-by-article approach delivers strategies for confronting evidentiary issues under the Rules that are likely to arise in nearly all arbitrations.

2. Evidentiary Issues:

   • The book provides detailed analysis of key provisions, including Article 3 on "Documents," which includes explanations of the drafting history, key revisions, and real-world applications.
   • It also addresses practice tips for the taking of evidence, such as planning and organizing effective procedures, evidentiary objections, standards of proof, and document disclosure.

3. Practical Resources:

   • The book includes numerous appendices that serve as helpful references throughout an arbitration. These appendices include a sample Redfern schedule and checklists for taking various types of evidence.
   • The "Checklist for Production of Documents" provides checklist items for the requesting party and tribunal, with references to the relevant provisions in the Rules.

Plot Summary

The book is designed to be a practical resource for managing both routine and complicated evidentiary issues in international arbitration. It provides a comprehensive guide to the IBA Rules on the taking of evidence, covering all aspects from the structure of the Rules to practical tips for arbitrators and practitioners.

Critical Reception

Positive Reception:

• The book is described as a "useful and practical resource" that provides readers with the tools to manage evidentiary issues in international arbitration.
• It is noted as a welcome addition to understanding how the Rules apply in practice, and it is expected to be a helpful and repeatedly-referenced source for arbitrators and international arbitration practitioners.

Specific Praise:

• The detailed analysis of Article 3 on "Documents" is highlighted for offering fresh perspectives on the provisions by explaining their drafting history and real-world applications.
• The inclusion of appendices such as the sample Redfern schedule and checklists for taking various types of evidence is praised for its practical utility.

Conclusion

"A Guide to the IBA Rules on the Taking of Evidence in International Arbitration" by Roman Khodykin, Carol Mulcahy, and Nicholas Fletcher (Editor) is a comprehensive and practical resource for international arbitration practitioners. It provides detailed analysis of the IBA Rules, practical tips, and useful appendices, making it a valuable tool for managing evidentiary issues in international arbitration. The critical reception highlights its utility and relevance in the field of international arbitration.