The following Arbitration practice note produced in partnership with 39 Essex Chambers provides comprehensive and up to date legal information covering:
This Practice Note considers the use of the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration (the IBA Rules) in international arbitration.
The IBA Rules are routinely adopted, in whole or in part, in international arbitration (commercial and investment) to manage factual and expert evidence, in particular where parties are from different legal cultures, typically common law and civil law.
The IBA Rules contain a mixture of provisions, some closer to common law systems (eg on the taking of witness evidence) and some closer to civil law systems (eg on document production requests). Other areas offer a compromise between the two approaches.
The IBA Rules are supplemented by detailed commentary published by the IBA, which provides useful additional information for practitioners, and which is referred to in this Practice Note.
The current version of the IBA Rules was adopted by resolution of the IBA Council on 17 December 2020. Where parties have agreed to apply the IBA Rules (in whole or in part), they are deemed to have agreed, in the absence of a contrary indication, to the version of the rules current on the date of such agreement (IBA Rules, art 1.2). As such, the 2020 edition of the IBA Rules will apply to all arbitrations in which the parties agree to apply the IBA Rules after 17 December 2020, whether as part
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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