OXFORD UNIVERSITY PRESS

A Guide to the IBA Rules on the Taking of Evidence in International Arbitration

ISBN : 9780198818342

Price(incl.tax): 
¥27,390
Author: 
Roman Khodykin; Carol Mulcahy; Nicholas Fletcher
Pages
576 Pages
Format
Hardcover
Size
171 x 246 mm
Pub date
Aug 2019
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  • Brings together in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and the authors' own practical experience
  • Provides clarity on the IBA Rules
  • Offers 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
  • Analyses how the IBA Rules work in tandem with other applicable provisions, such as the UNCITRAL Model Law

         
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.

Index: 

1: Provenance and Development of the IBA Rules on Evidence
2: The Preamble
3: Definitions used in the IBA Rules on Evidence
4: Article 1: Scope of Application
5: Article 2: Consultation on Evidentiary Issues
6: Article 3: Documents
7: Article 4: Witnesses of Fact
8: Article 5: Party-Appointed Experts
9: Article 6: Tribunal-Appointed Experts
10: Article 7: Inspection
11: Article 8: Evidentiary Hearing
12: Article 9: Admissibility and Assessment of Evidence
Appendix 1: Commentary on the IBA Rules on the Taking of Evidence in International Arbitration
Appendix 2: Article 1 Roadmap
Appendix 3: Checklist of Points to Consider at the First Procedural Conference
Appendix 4: Sample Redfern Schedule
Appendix 5: Template Redfern Schedule
Appendix 6: Veeder Codes

About the author: 

Roman Khodykin, Bryan Cave Leighton Paisner LLP
Carol Mulcahy, Bryan Cave Leighton Paisner LLP

Consultant Editor Nicholas Fletcher QC, 4 New Square
   
  
Roman Khodykin is an arbitration specialist with extensive experience in national and cross-border matters, with particular emphasis on corporate and shareholder disputes. He holds a Ph. D in Conflict of Laws. Additionally, Roman is an arbitrator of the Arbitration Court for Sport at the Russian Olympic Committee and a member of the editorial board of the International Commercial Arbitration Review (Moscow). Roman is a dual qualified solicitor of the Senior Courts of England and Wales and a Russian advocate.
  
Carol Mulcahy
has more than 25 years' experience working in the field of international commercial arbitration. She has extensive experience of commercial contract disputes in a wide variety of industry sectors, and involving parties from all over the world. Carol qualified as an English solicitor in 1983. She has postgraduate degrees in commercial law, oil law and European studies. She is a Chartered Arbitrator and Fellow of the Chartered Institute of arbitrators.

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