The Path Forward – The IBA Updates Its Rules On The Taking Of Evidence In International Arbitration

Background

On February 15, 2021, the International Bar Association ("IBA") released its latest update on the "IBA Rules on the Taking of Evidence in International Arbitration" (the "2020Rules").¹ This update follows the hard work of the 2020 Review Task Force, which, as past review subcommittees have done², strived to clarify the existing rules and alter any rules warranting reflection, in consideration of the shifting procedural ground and public comments of practitioners and counsel alike.

Such reflection on a periodic basis is important. The IBA Rules on the Taking of Evidence in International Arbitration were designed to harmonize the procedures commonly used in international arbitration and provide a framework for arbitration which parties can adopt in whole, in part, or utilize to create alternative rules.