Evidence

Evidence

The role of documentary evidence in arbitration

This Practice Note explains the importance of evidence in arbitration and highlights how it is treated differently compared with court litigation. It provides practical tips about introducing documentary evidence into arbitration proceedings, how a tribunal may apply rules of evidence and how to deal with evidence in the hands of third parties to the arbitration.

See Practice Note: The role of documentary evidence in arbitration.

Disputes over documentary evidence in arbitration

This Practice Note covers how the parties, the tribunal and the court (under section 43 of the Arbitration Act 1996 (AA 1996) for English-seated arbitrations) may be involved in the resolution of disputes over documentary evidence in arbitration. It includes discussion of the guidance set out in the International Bar Association Rules on the Taking of Evidence in International Arbitration (IBA Rules). It also covers the consequences of a party's failure to comply with an order to produce issued by the tribunal. In resolving a dispute over evidence, parties often make use of a Redfern Schedule (see Precedent below).

See Practice Note:

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