Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- About the Arbitration Committee
- Foreword
- Commentary on the revised text of the 2010 IBA Rules on the Taking of Evidence in International Arbitration
- Preamble
- Definitions
- Article 1 Scope of Application
- Article 2 Consultation on Evidentiary Issues
- Article 3 Documents
- Article 4 Witnesses of Fact
- Article 5 Party-Appointed Experts
- Article 6 Tribunal-Appointed Experts
- Article 7 Inspection
- Article 8 Evidentiary Hearing
- Article 9 Admissibility and Assessment of Evidence
- Appendix Interaction of IBA Rules with Major Institutional Rules
- Index
Article 8 - Evidentiary Hearing
Published online by Cambridge University Press: 05 February 2013
- Frontmatter
- Contents
- Preface
- Table of cases
- About the Arbitration Committee
- Foreword
- Commentary on the revised text of the 2010 IBA Rules on the Taking of Evidence in International Arbitration
- Preamble
- Definitions
- Article 1 Scope of Application
- Article 2 Consultation on Evidentiary Issues
- Article 3 Documents
- Article 4 Witnesses of Fact
- Article 5 Party-Appointed Experts
- Article 6 Tribunal-Appointed Experts
- Article 7 Inspection
- Article 8 Evidentiary Hearing
- Article 9 Admissibility and Assessment of Evidence
- Appendix Interaction of IBA Rules with Major Institutional Rules
- Index
Summary
Within the time ordered by the Arbitral Tribunal, each Party shall inform the Arbitral Tribunal and the other Parties of the witnesses whose appearance it requests. Each witness (which term includes, for the purposes of this Article, witnesses of fact and any experts) shall, subject to Article 8.2, appear for testimony at the Evidentiary Hearing if such person’s appearance has been requested by any Party or by the Arbitral Tribunal. Each witness shall appear in person unless the Arbitral Tribunal allows the use of videoconference or similar technology with respect to a particular witness.
The Arbitral Tribunal shall at all times have complete control over the Evidentiary Hearing. The Arbitral Tribunal may limit or exclude any question to, answer by or appearance of a witness, if it considers such question, answer or appearance to be irrelevant, immaterial, unreasonably burdensome, duplicative or otherwise covered by a reason for objection set forth in Article 9.2. Questions to a witness during direct and re-direct testimony may not be unreasonably leading.
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- The IBA Rules on the Taking of Evidence in International ArbitrationA Guide, pp. 130 - 140Publisher: Cambridge University PressPrint publication year: 2013
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