ABSTRACT
The evidence adduced at the substantive hearing of arbitration may either be documents or other objects or live evidence from factual or expert witnesses. This chapter focuses on the process of getting the evidence ready to be presented at trial. It deals with documentary evidence. The chapter discusses the production of documents and general and specific discovery and will introduce the International Bar Association (IBA) Rules on the Taking of Evidence. It also deals with factual and expert evidence. The chapter then discusses the hot-tubbing of expert witnesses. Standard practice for the handling of documents in international commercial arbitration are conveniently summarized in the IBA Rules on the Taking of Evidence, as approved by the IBA Council on 29 May 2010. The Rules may be adopted in whole or part by a tribunal or modified to meet the needs of arbitration.
