Evidence in international arbitration

The role of documentary evidence in arbitration

This Practice Note explains the importance of documentary 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.

Electronic evidence in arbitration

This Practice Note sets out how electronic documents are dealt with in international arbitration. It covers how the major arbitral institutions deal with electronic evidence and gives guidance on what parties to arbitration should consider regarding electronic documents from the outset of the arbitration. See Practice Note: Electronic evidence in arbitration.

Electronic evidence in arbitration—checklist

This Checklist provides practitioners with a list of issues to consider when dealing with electronic evidence in arbitration. See: Electronic evidence in arbitration—checklist.

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

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Anti-suit injunction in support of arbitration (CMC v (1) DOW (2) MB)

Arbitration analysis: The Singapore International Commercial Court (SICC) granted an anti-suit injunction (ASI) to restrain foreign proceedings seeking to challenge a decision by an arbitral tribunal. The seat of the arbitration was Singapore, and the Singapore courts had exclusive jurisdiction to determine any such challenge. The court summarised the principles applicable to the issue of ASIs and concluded that the requirements for an ASI were met and there was no good reason not to grant it. Although the defendant was linked to a foreign government, it did not enjoy sovereign immunity because it was a ‘separate entity’ and the contract was a ‘commercial transaction’. Written by Rob Palmer, partner, Shi Jin Chia, senior associate, and Hugo Petit, associate, at Hogan Lovells.