Evidence

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The role of documentary evidence in arbitration

This Practice Note explains the importance of evidence in arbitration and highlights how it is treated differently compared with court litigation. It provides practical tips about introducing documentary evidence into arbitration proceedings, how a tribunal may apply rules of evidence and how to deal with evidence in the hands of third parties to the arbitration.

See Practice Note: The role of documentary evidence in arbitration.

Disputes over documentary evidence in arbitration

This Practice Note covers how the parties, the tribunal and the court (under section 43 of the Arbitration Act 1996 (AA 1996) for English-seated arbitrations) may be involved in the resolution of disputes over documentary evidence in arbitration. It includes discussion of the guidance set out in the International Bar Association Rules on the Taking of Evidence in International Arbitration (IBA Rules). It also covers the consequences of a party's failure to comply with an order to produce issued by the tribunal. In resolving a dispute over evidence, parties often make use of a Redfern Schedule (see Precedent below).

See Practice Note:

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Latest Arbitration News

Baku Arbitration Centre inaugurated as first arbitral institution in Azerbaijan

The Baku Arbitration Centre (BAC) was officially inaugurated in Baku on 24–25 October 2025 during the Azerbaijan Arbitration Days conference, marking the establishment of first arbitral institution based in Azerbaijan. The two-day event, held under the theme ‘Driving the Transformation’, underscored the country’s growing role as a regional hub for international dispute resolution.

Uganda court reaffirms res judicata effect of earlier arbitral award and declines to intervene in arbitrator’s decision (China Railway 18th Bureau (Group) Co Ltd v Tumo Technical Services Ltd)

Arbitration analysis: The court dismissed a challenge to a Uganda-seated award premised on a public policy ground that the award dealt with a claim (recovery of contractual retention) that was res judicata having been determined in a prior arbitration. Dismissing the challenge, the court held that it was prohibited by the Arbitration Act, c. 5 (a Model Law statute) from reviewing the correctness of the arbitrator’s decision on the res judicata objection except upon a showing that the decision was perverse or based on wrong propositions of law, which the applicant failed to demonstrate. The court’s reasoning also indicates that (in relation at least to Uganda-seated arbitration), the applicable res judicata test is the same as that which ordinarily applies in litigation under section 7 of the Civil Procedure Act, c. 282, ie, that the claim or issue was already heard and finally decided by a competent court/tribunal in a prior dispute in which the same claim or issue was also directly and substantially in issue between the same parties or parties under whom they claim, litigating under the same title. The court also rejected a bare, unsubstantiated claim of evident partiality or bias, as well as an allegation of computational error in the award that ought to have been raised before the arbitrator in a timely request for correction of the award. Written by Hussein D. Gulam, MCIArb, associate at MMAKS Advocates.

HKIAC signs MoU with Oman Commercial Arbitration Centre

The Hong Kong International Arbitration Centre (HKIAC) has signed a Memorandum of Understanding (MoU) with the Oman Commercial Arbitration Centre (OAC), thereby strengthening institutional co-operation between Hong Kong and the Middle East. The MoU was signed on 27 October 2025 in Seoul by the Secretary-General of HKIAC, Ms Joanne Lau, and the Chief Executive Officer of OAC, Dr Abdullah Al Mandhari. It establishes a framework for joint initiatives, professional exchanges and the sharing of institutional expertise between the two institutions. The MoU also highlights both institutions’ shared commitment to enhancing engagement between Hong Kong and the Middle East and to supporting global discussions on arbitration and dispute resolution.

HKIAC signs MoU with Vietnam International Arbitration Centre

The Hong Kong International Arbitration Centre (HKIAC) has signed a Memorandum of Understanding (MoU) with the Vietnam International Arbitration Centre (VIAC), formalising cooperation between the two institutions. The MoU was signed on 23 October 2025 in Hong Kong during Hong Kong Arbitration Week 2025 by the Secretary-General of HKIAC, Ms Joanne Lau, and the President of VIAC, Professor Le Hong Hanh. Under the MoU, HKIAC and VIAC will exchange information on legislative and jurisprudential developments and support each other’s initiatives through cross-promotion of events and activities. The MoU highlights both institutions’ shared commitment to fostering dialogue and advancing arbitration and mediation standards across Asia, contributing to the growth of regional dispute resolution networks.

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