IBA Rules v. Prague Rules in International Arbitration

IBA Rules v. Prague Rules in International Arbitration

Evidence in international arbitration
  The International Bar Association Rules on the Taking of Evidence in International Arbitration and the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration are two sets of rules that provide guidance on the efficient conduct of international arbitral proceedings. Although they have the same purpose, the two sets of Rules are quite different in scope. The IBA Rules are more detailed and specific, focusing on the taking of evidence. The Prague Rules are more general in scope and provide guidance on the overall efficient conduct of proceedings. Both sets of rules are designed to ensure the fair and efficient conduct of proceedings and are a valuable resource for parties and arbitrators in international arbitration proceedings. These two sets of rules provide guidance on how to structure the different steps of international arbitration proceedings, with particular attention to the taking of evidence. Although both have the same purpose, to ensure efficient conduct of proceedings, there are several distinct differences between them. Overview of the IBA Rules The International Bar Association Rules on the Taking of Evidence in International Arbitration are one of the most widely used sets of rules governing international arbitration proceedings. The IBA Rules provide guidelines for both parties and arbitrators on the taking of evidence in international arbitration proceedings. The IBA Rules are divided into three main sections: pre-hearing activities including disclosure and direct examination of witnesses; the conduct of hearings including evidence, oral and written submissions, and expert deposition; and post-hearing activities such as review of submissions, award and other activities. The IBA Rules also address such topics as confidentiality, privacy, public access, objections to evidence, and evidentiary privilege. The IBA Rules are flexible, allowing parties to design their evidence-taking procedures around the specific commercial context in which the dispute arises. Overview of Prague Rules The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration are a set of guidelines created by the International Council for Commercial Arbitration in December 2020. The Prague Rules were designed to provide guidance to parties and arbitrators on the efficient conduct of proceedings in international arbitration. The Prague Rules address a wide range of issues. These issues include the role of the parties and arbitrators, communication between the parties, the types of evidence that may be considered, and international procedural practice. The Prague Rules are not mandatory but are intended to provide a framework for dispute resolution proceedings. Comparison of IBA Rules and Prague Rules The International Bar Association Rules on the Taking of Evidence in International Arbitration and the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration have many similarities and many differences. Both sets of rules provide guidance on the structure of international arbitration proceedings, and both focus on the efficient conduct of proceedings. The IBA Rules focus specifically on the taking of evidence. The IBA Rules provide detailed guidance on the disclosure of evidence, the direct examination of witnesses, the admission of evidence, and the process of evidentiary privilege. The IBA Rules also provide guidance on the selection of witnesses, the use of expert testimony, and the structure of oral proceedings. The Prague Rules are more general in scope and provide guidance on the efficient conduct of the proceedings. The Prague Rules affirm the importance of ensuring the fairness and efficiency of the proceedings and establish principles related to the parties and their respective roles, communications between the parties, and the engagement of technical experts. The Prague Rules also provide guidance on the use of technological tools including an e-briefing system. The two sets of rules differ in their approaches. The IBA Rules provide more detailed guidance on the specific procedures related to the taking of evidence, while the Prague Rules are more general in their approach and provide guidance on the efficient conduct of proceedings as a whole.
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