Abstract
The assessment of the efficiency of any arbitration procedure is made, more and more, in terms of time and costs. Therefore, the taking of evidence is one of the procedures whose effectiveness is under focus. This paper examines the recent revision of IBA Rules on the taking of evidence in international arbitration (the IBA Rules) as well as the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration (the Prague Rules), a collection of rules issued in 2018, both aiming to assign a more pro- active role to the arbitral tribunal.
Highlights
These days, the assessment of the efficiency of any arbitration procedure is made, more and more, in terms of time and costs
This paper examines the recent revision of IBA Rules on the taking of evidence in international arbitration as well as the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration, a collection of rules issued in 2018, both aiming to assign a more proactive role to the arbitral tribunal
IBA Rules do not contain explicit provisions regarding the submission in electronic format of documents that are recorded on a material support, they allow for the consultation of the arbitral tribunals with parties regarding the requirements and format applicable to the production of documents, aiming for the promotion of efficiency, economy and conservation of resources in connection with the taking of evidence
Summary
These days, the assessment of the efficiency of any arbitration procedure is made, more and more, in terms of time and costs. The Prague Rules aim further, intending to offer assistance in the taking of evidence and to provide a framework and guidance for arbitral tribunals and parties on how to increase efficiency of arbitration, the main theme of these rules being the construction of a more active role for arbitral tribunals in managing proceedings. Providing for an effective taking of evidence, as it is the aim of the IBA Rules, is definitely an instrument to efficiently conduct the whole arbitration proceedings, which is the declared goal of the Prague Rules. Both Rules address a common issue and, they are not conflicting, they are overlapping in some areas. That is what I intend to point out in the following presentation, focusing on the main themes of the evidence usually provided by parties to an arbitration
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