HKIAC (2018)—evidence
Produced in partnership with Terence Wong of Winston & Strawn LLP

The following Arbitration practice note produced in partnership with Terence Wong of Winston & Strawn LLP provides comprehensive and up to date legal information covering:

  • HKIAC (2018)—evidence
  • Evidence under the 2018 HKIAC Rules
  • Witness evidence
  • Documentary evidence
  • Expert evidence
  • Guidance on evidence under Hong Kong law

HKIAC (2018)—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.

This Practice Note provides guidance on matters relating to evidence pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). Practice Note: HKIAC (2018)—arbitration procedure is likely to also be of interest.

As discussed in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 November 2018, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 November 2018, the 2013 HKIAC Rules will apply (generally), unless the parties agreed otherwise.

For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution.

Evidence under the 2018 HKIAC Rules

Under the 2018 HKIAC Rules, each party bears the burden of proving the facts relied upon to support of its case (HKIAC 2018, art 22.1).

The tribunal has discretion to determine the admissibility, relevance, materiality and weight of any matter put forward by the parties (HKIAC 2018, art 22.2). In addition, the tribunal is

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