International arbitration practitioners will be aware of the IBA Rules – a comprehensive set of rules intended to provide an efficient, economical and fair process for the taking of evidence in international arbitrations, particularly those between Parties from different legal traditions.
DLA Piper provide a useful review of the Prague Rules, an initiative that seeks to provide a new approach to dealing with evidence in international arbitration, whereby arbitral tribunals are encouraged to adopt an inquisitorial approach to the taking and assessment of evidence and application of legal principles. It will be of interest to see how the Prague Rules are received and whether there is any significant level of uptake.
See also the article by Hugill & Ip
