Originally from: Soft Law in International Arbitration

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Preamble

1. These IBA Rules on the Taking of Evidence in International
Arbitration are 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. They
are designed to supplement the legal provisions and the institutional, ad
hoc or other rules that apply to the conduct of the arbitration.

2. Parties and Arbitral Tribunals may adopt the IBA Rules of Evidence,
in whole or in part, to govern arbitration proceedings, or they may vary
them or use them as guidelines in developing their own procedures. The
Rules are not intended to limit the flexibility that is inherent in, and an
advantage of, international arbitration, and Parties and Arbitral Tribunals
are free to adapt them to the particular circumstances of each arbitration.

3. The taking of evidence shall be conducted on the principles that each
Party shall act in good faith and be entitled to know, reasonably in
advance of any Evidentiary Hearing or any fact or merits determination,
the evidence on which the other Parties rely.

Definitions

In the IBA Rules of Evidence:

‘Arbitral Tribunal’ means a sole arbitrator or a panel of
arbitrators;