LCIA (2014)—evidence

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

  • LCIA (2014)—evidence
  • Tribunal's powers
  • Documentary evidence
  • Witness evidence
  • Written evidence
  • Oral evidence
  • Expert evidence
  • IBA Rules of Evidence

LCIA (2014)—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 concerns arbitration proceedings pursuant to the London Court of International Arbitration (LCIA) Arbitration Rules 2014, effective 1 October 2014 (the LCIA Rules). For practical guidance on arbitration pursuant to the LCIA Rules 2020 (in force 1 October 2020) and the LCIA Rules 1998, consult the relevant Practice Notes here: LCIA arbitration—overview.

Tribunal's powers

In arbitration, unlike litigation, the type and form of evidence will vary from arbitration to arbitration. There are no strict rules as to what must and must not be submitted. The tribunal retains the power to conduct the arbitration in the way it sees best and this includes determining the types and form of evidence that will form part of the arbitration.

All institutional rules generally give tribunals and parties reasonably wide discretion to determine how evidence is prepared, presented and treated. The 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

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