From Russia With New Evidentiary Rules

By Thomas McCall and Emily Doll (October 24, 2018, 3:03 PM EDT) -- In May 2010, the International Bar Association adopted the IBA Rules on the Taking of Evidence in International Arbitration — a revised version of the original 1999 IBA rules which, in turn, had replaced the IBA Supplementary Rules of 1983. The IBA rules serve as a resource to parties and arbitrators setting forth the procedures by which evidence is gathered and presented in international arbitration proceedings. The IBA rules were drafted in an effort to bridge the gap between "the procedures in use in many different legal systems," which is "particularly useful when the parties come from different legal cultures."[1] By all accounts, that effort has been hugely successful. Since their inception, countless arbitral tribunals — both commercial and investment — formed by members from different legal cultures — both civil and common law — have relied upon and applied the IBA rules. However, that success has not come without criticism, the loudest of which is the perceived dominance of the common law tradition over the IBA rules....

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