ICC (2021)—evidence and hearings
Produced in partnership with Simmons & Simmons

The following Arbitration practice note produced in partnership with Simmons & Simmons provides comprehensive and up to date legal information covering:

  • ICC (2021)—evidence and hearings
  • Documentary evidence in ICC arbitration
  • Statements of case, submissions and memorials in ICC arbitration
  • Witness evidence in ICC arbitration
  • Expert evidence in ICC arbitration
  • Tribunal-appointed expert(s)
  • The ICC and experts
  • Hearings
  • Virtual or hybrid hearings
  • IBA Rules on the Taking of Evidence and ICC arbitration

ICC (2021)—evidence and hearings

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 considers the provisions regarding evidence and hearings in arbitration proceedings under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). References in this Practice Note to articles of and appendices to the ICC Rules are to the 2021 ICC Rules unless otherwise indicated.

The 2021 ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 (unless the parties expressly agree that an earlier version of the ICC Rules will apply, which is unlikely).

For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview.

Documentary evidence in ICC arbitration

Documentary evidence is relevant throughout ICC arbitration proceedings, and comes into focus at various stages of the proceedings. Generally speaking, the tribunal is obliged to proceed within as short a time as possible to establish the facts of the case by all appropriate means (ICC, art 25(1)).

The ICC Rules state that the Request for Arbitration (Request) should be accompanied by copies of any relevant agreements and, in

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