Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- About the Arbitration Committee
- Foreword
- Commentary on the revised text of the 2010 IBA Rules on the Taking of Evidence in International Arbitration
- Preamble
- Definitions
- Article 1 Scope of Application
- Article 2 Consultation on Evidentiary Issues
- Article 3 Documents
- Article 4 Witnesses of Fact
- Article 5 Party-Appointed Experts
- Article 6 Tribunal-Appointed Experts
- Article 7 Inspection
- Article 8 Evidentiary Hearing
- Article 9 Admissibility and Assessment of Evidence
- Appendix Interaction of IBA Rules with Major Institutional Rules
- Index
Article 7 - Inspection
Published online by Cambridge University Press: 05 February 2013
- Frontmatter
- Contents
- Preface
- Table of cases
- About the Arbitration Committee
- Foreword
- Commentary on the revised text of the 2010 IBA Rules on the Taking of Evidence in International Arbitration
- Preamble
- Definitions
- Article 1 Scope of Application
- Article 2 Consultation on Evidentiary Issues
- Article 3 Documents
- Article 4 Witnesses of Fact
- Article 5 Party-Appointed Experts
- Article 6 Tribunal-Appointed Experts
- Article 7 Inspection
- Article 8 Evidentiary Hearing
- Article 9 Admissibility and Assessment of Evidence
- Appendix Interaction of IBA Rules with Major Institutional Rules
- Index
Summary
Subject to the provisions of Article 9.2, the Arbitral Tribunal may, at the request of a Party or on its own motion, inspect or require the inspection by a Tribunal-Appointed Expert or a Party-Appointed Expert of any site, property, machinery or any other goods, samples, systems, processes or Documents, as it deems appropriate.
The Arbitral Tribunal shall, in consultation with the Parties, determine the timing and arrangement for the inspection. The Parties and their representatives shall have the right to attend any such inspection.
IBA COMMITTEE COMMENTARY
Article 7 is a simple provision, making possible inspections of relevant site, property, machinery or any other goods, samples, systems, processes or documents that may help the decision-making process, wherever they may be located. Such inspections most frequently occur in construction arbitrations, in which the arbitral tribunal visits the construction site in dispute.
DISCUSSION
The Article 9.2 proviso operates to exclude matters from evidence (i.e. in this context refuse to inspect or require an expert to inspect) on the grounds of relevance, legal impediment or privilege, unreasonable burden, loss or destruction (of what would otherwise have been inspected), compelling confidentiality, compelling and special political or institutional sensitivity, and compelling considerations of procedural economy, proportionality, fairness or equality.
- Type
- Chapter
- Information
- The IBA Rules on the Taking of Evidence in International ArbitrationA Guide, pp. 128 - 129Publisher: Cambridge University PressPrint publication year: 2013