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

Produced in partnership with Sandy Cowan, Paul Gamble and Georgina Merriam of Grant Thornton [Title of the report] 1 [Name of arbitral institution (if any) and Case...

Precedents

Produced in partnership with Charles Spragge of Druces LLP PRIVATE & CONFIDENTIAL [insert name and address of expert] [insert date] Dear [insert name of expert] [insert...

Precedents

Produced in partnership with Latham & Watkins LLP This confidentiality Agreement is made on [date] Parties 1 [Name of entity], a [type of entity] with [type of liability]...

Precedents

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

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

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

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

Produced in partnership with Simmons & Simmons LLP Example Redfern schedule Set out below is an example of a Redfern schedule of the type commonly used for the exchange...

Precedents

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

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