2020 Revision of the IBA Rules on the Taking of Evidence in International Arbitration
April 27, 2021
On February 15, 2021, the International Bar Association (“IBA”) formally released its revised Rules on the Taking of Evidence in International Arbitration (the “2020 IBA Rules” or the “Rules”).
The revised Rules will replace the previous iteration of the Rules, which have been in force since 2010 (the “2010 IBA Rules”) and have found widespread application and discussion in international arbitration practice.
The aim of the 2020 revision is to further streamline and clarify the Rules as well as to reflect established practices and address new, technology-driven challenges and developments in the taking of evidence in international arbitration. This Alert Memorandum identifies and analyzes the most notable elements of the 2020 IBA Rules revision including, inter alia:
- Virtual/Remote Evidentiary Hearings
- Cybersecurity, Data Protection and Confidentiality
- Tribunal Authority/Powers
- Document Translation