LCIA (2014)—evidence
LCIA (2014)—evidence

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

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

This Practice Note concerns London Court of International Arbitration (LCIA) arbitration proceedings pursuant to the LCIA Rules 2014 effective 1 October 2014. For practical guidance on arbitration pursuant to the LCIA Rules 1998, the previous version, see 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 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 (LCIA, art 14.5).

Consistent with the breadth of this discretion, the tribunal has power to:

  1. order any party to make any goods, samples, property, site or thing under its control available for