Rules on the Taking of Evidence in International Arbitration (2010): International Bar Association (IBA)
Richard Kreindler, Carlo Santoro
- Case management — Witnesses
Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.
1 In international arbitration, evidentiary issues are generally left untouched by arbitration rules and national legislations. This is hardly surprising if one considers that the harmonization efforts that started in the 1970s and 1980s were primarily intended to provide the parties with a flexible framework capable of being tailored to their needs. Yet disagreements between parties from different legal backgrounds and, particularly, from different legal traditions, soon revealed the shortcomings relating to the lack of a general instrument regulating or at least...