IBA RULES ON THE TAKING OF EVIDENCE IN INTERNATIONAL ARBITRATION

The International Bar Association (IBA) publishes Rules on challenging issues such as the taking of evidence in international commercial arbitration.

We are grateful to the IBA which has kindly allowed us to publish the IBA Rules on the Taking of Evidence in International Arbitration as a resource for parties and their representatives and for arbitral tribunals acting under the NZDRC Arbitration Rules.

When acting under NZDRC’s Arbitration Rules, the Arbitral Tribunal may have regard to, but is not bound to apply, the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration current at the Commencement Date.

IBA Rules on Taking of Evidence in International Arbitration

In 2010 the International Bar Association adopted the new IBA Rules on the Taking of Evidence in International Arbitration, which superseded the 1999 Rules. The revised Rules apply to all arbitrations in which the parties agree to apply the IBA Rules after 29 May 2010, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration.

 

Access the IBA Rules on Taking of Evidence in International Arbitration

Other resources you might like

If you found this article helpful and are interested in learning more, there is a wealth of other resources available on our website. We have a wide array of articles and guides on a variety of topics, each designed to provide you with a deeper understanding of the subject matter. We encourage you to explore these resources and deepen your knowledge.

A construction worker wearing a yellow hard hat, safety glasses, and gloves leans on a wooden surface at a construction site. He is looking at the camera, and the background shows a wooden building under construction with windows and scaffolding.

The Court of Appeal sounds the all clear and it’s business as usual under the CCA: so file a payment schedule or pay up!

A decision issued by the High Court last year caused a “head in hands” moment in the construction industry in relation to the payment claim regime. The High Court set aside a statutory demand which had been filed to enforce a payment claim as a debt due even though no dispute had previously been raised by way of a valid payment schedule.[1] The Court of Appeal has now overturned that decision and confirmed that if a party to a construction contract wants to challenge a payment claim, they must issue a valid payment schedule.[2] Let’s look at what happened.
A person is highlighting text on a printed contract document with a yellow marker. The document, which discusses the UK Supreme Court's return to an orthodox liquidated damages approach, is placed on a wooden desk next to a keyboard and mouse. Various sections and terms have some text already highlighted.

UK Supreme Court returns to orthodox liquidated damages approach

The UK Supreme Court in its recent judgment in Triple Point Technology v PTT Public Company[1] has brought welcome clarity in relation to the drafting and interpretation of liquidated damages clauses[2] in construction, commercial and technology contracts. The judgment also deals with the relationship between liquidated damages clauses and caps on liability. We summarise the judgment and provide some key points for drafting liquidated damages clauses and related caps on liability.
A modern hallway with a wall displaying signs for various legal and dispute resolution centers, including the New Zealand Centre for Alternative Dispute Resolution. The area has large windows, plants, and a railing on the left side, allowing natural light to enter.

NZDRC Commercial Lease Scheme on the News

Sign up for our newsletter​