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A Guide to the IBA Rules on the Taking of Evidence in International Arbitration (Hardcover)
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A Guide to the IBA Rules on the Taking of Evidence in International Arbitration (Hardcover)
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The IBA Rules on the Taking of Evidence in International
Arbitration (the 'Rules') are used in the majority of international
arbitration cases, regardless of the administering institution or
the legal background of the parties. The updated Rules were adopted
in 2010 and provide mechanisms for the presentation of documents,
witnesses of fact, expert witnesses, inspections, and the conduct
of evidentiary hearings. They are widely accepted by the
arbitration community and have become an international applicable
standard. That said, the Rules are at times unclear and open to
interpretation, leading to potential disputes as to how they should
be applied in practice. This book provides a comprehensive,
article-by-article commentary on the Rules, pulling together in one
volume an in-depth analysis of the relevant case law, reports of
the IBA working groups, academic authorities, and the authors' own
practical experience. The authors offer practical guidance on
issues that frequently arise in practice and advise practitioners
on how the Rules can be applied to advance or defend particular
propositions. They also analyze how the Rules work in tandem with
other applicable provisions, such as the UNCITRAL Model Law, and
include practical templates and checklists that practitioners can
use to support their daily practice.
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