Evidence

Evidence guidance:

Under the Arbitration Act 1996 (AA 1996), the English court is permitted to exercise a range of powers in support of the arbitral process. These powers include compelling...

Practice Note

This Practice Note considers the general procedure for commencing arbitration claims before the English and Welsh courts under the Arbitration Act 1996 (AA 1996) (English...

Practice Note

This Practice Note considers disputes over documentary evidence in arbitration proceedings. It should be read, where relevant, in conjunction with Practice Note: Document...

Practice Note

This Practice Note provides practical guidance on document production in international arbitration proceedings. It addresses the two main forms of document production...

Practice Note

How electronic disclosure is used in arbitration There is no universal binding protocol on e-disclosure in arbitration. This is consistent with the general approach that...

Practice Note

The IBA Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules) are routinely adopted in international arbitration (commercial and investment)...

Practice Note

The role of the expert witness in arbitration is broadly the same as that of the expert in court or litigation proceedings. Whether appointed by the parties, or less...

Practice Note

The way in which witness evidence is presented is not determined in accordance with a fixed procedure and will therefore vary from arbitration to arbitration. It is for...

Practice Note

This Practice Note should be considered in conjunction with: • Practice Note: Instructing the expert • Checklist—letter of instruction to expert • precedent: Letter of...

Practice Note

Is expert evidence needed? Before deciding whether to instruct an expert, you must define as precisely as possible the issues on which an opinion may be needed. Can the...

Practice Note

This Practice Note provides guidance on how to prepare witness evidence for arbitration proceedings. As with documentary evidence, the procedure for presentation of...

Practice Note

Privilege in arbitration The procedure for preparation and presentation of documentary evidence in arbitration is not the same as in English litigation. In domestic...

Practice Note

Documentary evidence is essential to the resolution of disputes in international arbitration. It is widely recognised as being of greater significance, and is often given...

Practice Note

An introduction to witness conferencing in arbitration Witness conferencing (also known as ‘hot-tubbing’ or ‘concurrent evidence’) is a process of taking evidence where...

Practice Note