DIAC—evidence

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • DIAC—evidence
  • Documentary evidence
  • Factual/witness evidence
  • Expert evidence

DIAC—evidence

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

All references to Articles in this Practice Note are to Articles of the Arbitration Rules of the Dubai International Arbitration Centre (DIAC and the DIAC Rules)

Under the DIAC Rules the tribunal has the power to decide on the rules of evidence to be applied including admissibility, relevance or weight of any material tendered (Art 27.2).

Documentary evidence

The tribunal may order a party to produce documents or other evidence (Art 27.2)

It is common practice for parties to international arbitration to agree a set of rules on evidence that will apply in whole or in part. The most common of these is the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules). The IBA Rules set out how the evidence in the case will be presented and how parties should proceed if they wish to obtain further evidence from their opponent; this is usually done by a Request to Produce (Article 3.3 of the IBA Rules). For further information on the IBA Rules, see Practice Note: Evidence in international arbitration—the

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