LCIA (2020)—evidence

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

  • LCIA (2020)—evidence
  • The tribunal's powers relating to evidence
  • Documentary evidence
  • Witness evidence
  • Written evidence
  • Oral evidence
  • Expert evidence
  • The role of the IBA Rules of Evidence in LCIA arbitrations
  • Cybersecurity and data protection

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

The tribunal's powers relating to evidence

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.

Arbitration 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

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