LCIA (1998)—evidence
Produced in partnership with Simmons & Simmons LLP
LCIA (1998)—evidence

The following Arbitration guidance note Produced in partnership with Simmons & Simmons LLP provides comprehensive and up to date legal information covering:

  • LCIA (1998)—evidence
  • Documentary evidence
  • Witness and expert evidence
  • IBA Rules of Evidence

Revised LCIA Rules came into force on 1 October 2014; see LCIA (2014)—arbitration under the LCIA Rules (2014).The LCIA Rules 1998 continue to apply to arbitrations commenced before 1 October 2014 unless the parties have agreed otherwise.

Institutional rules generally give tribunals and parties wide discretion to determine how evidence is prepared, presented and treated. The London Court of International Arbitration Rules (LCIA Rules) make some provision for how evidence should be treated in the arbitration, but leave a wide discretion to the tribunal to adapt the procedures to the particular dispute. Unless the parties decide otherwise, the tribunal has the widest discretion to discharge its duties allowed under such laws or rules of law as the tribunal may determine to be applicable (art 14.2). Consistent with the breadth of this discretion, the tribunal has power to decide whether to apply any strict rules of evidence (or any other rules) as to the admissibility, relevance or weight of any material tendered by a party on any matter of fact or expert opinion (art 22.1(f)).

Documentary evidence

The Request for Arbitration should be