This thesis explores the success and enduring relevance of the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration. Interestingly enough, while the IBA Rules suggested a very well-developed regime for the taking of documentary evidence, most of the focus of arbitration scholars was mainly about its notable mechanic that grant parties the possibility of obtaining documents from the adverse party.
While it is understood why such sophisticated mechanic would attract the attention of scholars, it is still crucial to acknowledge that such mechanic is just one facet of a comprehensive and multifaceted system. Accordingly, the thesis attempted to englobe the whole regime of the taking of documentary evidence under the IBA Rule while following at the same time a structural approach that respect the natural progression the arbitration procedure and adheres to the methodological reasoning suggested by the IBA Rules.
With that being said, the dissertation starts by emphasizing the particular problem that international arbitration poses in regards to the production of documentary evidence as it involves parties, counsels and arbitrators coming from different legal systems. In this sense, the IBA Rules attempted to provide mechanics that combines the best of both words and potentially may satisfy all the participants whatever is their origins. Such unique approach can be seen through 2 main level: The ethical practices that should be adhered to by the different participants and the investigation practices within the arbitration proceedings
Even though the mechanics of presenting and collecting evidence is arguably the most important task that parties are expected to perform, Without the right approach to the appraisal of documentary evidence, such contribution would inevitably be redundant. In this context, it seems that the IBA Rules followed a cautious approach by conferring significant discretion to the arbitral tribunal when it comes to the appraisal of documentary evidence. The term "appraisal" in this context was intended to encompass both the admissibility and assessment of evidence, as addressed in the IBA Rules. However, it is important to note that these two phases possess distinct characteristics, despite often being conducted simultaneously by arbitrators in practice. Nevertheless, for the sake of clarity and methodological analysis, the thesis attempted dug in depth in each phase independently.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Chapter 1: The Procedural Framework of International Commercial Arbitration
- I. Arbitral Agreement
- II. Arbitral Tribunal
- III. Arbitral Proceedings
- IV. Enforcement of Arbitral Awards
- Chapter 2: Documentary Evidence in International Commercial Arbitration
- I. Documentary Evidence: Its Scope and Relevance
- II. The IBA Rules on Documentary Evidence
- III. The Admissibility of Documentary Evidence
- IV. The Authentication of Documentary Evidence
- V. The Use of E-Documents in International Commercial Arbitration
- VI. Documentary Evidence and the Duty to Disclose
- Chapter 3: The Taking of Documentary Evidence in International Commercial Arbitration Under the IBA Rules
- I. The IBA Rules on the Taking of Documentary Evidence
- II. The Role of the Arbitral Tribunal in Document Production
- III. The Scope of Document Production
- IV. The Process of Document Production
- V. Procedural Fairness in Document Production
- VI. The Impact of the IBA Rules on Document Production
- Chapter 4: The Challenges and Solutions in Taking Documentary Evidence in International Commercial Arbitration
- I. The Challenges of Taking Documentary Evidence in International Commercial Arbitration
- II. The Impact of Cross-Border Considerations
- III. Solutions to the Challenges in Taking Documentary Evidence
- IV. Best Practices for Document Production
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This dissertation examines the taking of documentary evidence in international commercial arbitration under the International Bar Association (IBA) Rules on the Taking of Evidence. The research aims to analyze the procedural framework of document production, address the challenges encountered in practice, and propose solutions to ensure the efficient and effective gathering of evidence in international commercial arbitration.
- The procedural framework of documentary evidence in international commercial arbitration
- The role of the IBA Rules on the taking of evidence in document production
- The challenges encountered in taking documentary evidence in international commercial arbitration
- Solutions to address the challenges in taking documentary evidence, including best practices for document production
- The impact of cross-border considerations on the taking of documentary evidence
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter 1 provides a comprehensive overview of the procedural framework of international commercial arbitration, encompassing arbitral agreements, the constitution of arbitral tribunals, the conduct of arbitral proceedings, and the enforcement of arbitral awards. The chapter lays the groundwork for the subsequent analysis of the taking of documentary evidence within this framework.
Chapter 2 delves into the nature and relevance of documentary evidence in international commercial arbitration. It examines the IBA Rules on documentary evidence, exploring their scope, admissibility, authentication, and the use of electronic documents. The chapter further explores the duty to disclose documents in arbitral proceedings.
Chapter 3 focuses specifically on the taking of documentary evidence in international commercial arbitration under the IBA Rules. The chapter explores the role of the arbitral tribunal in document production, the scope of document production, the procedural steps involved, and the importance of procedural fairness. The impact of the IBA Rules on document production is also analyzed.
Chapter 4 investigates the challenges and solutions associated with taking documentary evidence in international commercial arbitration. The chapter examines the specific challenges posed by cross-border considerations, analyzes the impact of these challenges on the process of document production, and proposes solutions to address them effectively. The chapter concludes by providing best practices for document production in international commercial arbitration.
Schlüsselwörter (Keywords)
International Commercial Arbitration, Documentary Evidence, IBA Rules, Document Production, Procedural Framework, Challenges, Solutions, Cross-Border Considerations, Best Practices, E-Documents, Authentication, Admissibility.
- Arbeit zitieren
- Amr Saied (Autor:in), 2023, The Taking of Documentary Evidence in International Arbitration under the IBA Rules, München, GRIN Verlag, https://www.grin.com/document/1441617
