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Article 28: Evidence: General

Part VIII — CONDUCT OF THE ARBITRATION

28.1 The Tribunal shall determine the admissibility, relevance, materiality, and weight of evidence.

28.2 Document production shall be proportionate. The Tribunal may have regard to the IBA Rules on the Taking of Evidence in International Arbitration, 2020, for guidance but shall not be bound by them.

28.3 Witness evidence shall, unless the Tribunal otherwise directs, be given first by written statement. The witness shall attend examination unless excused by the Tribunal.

28.4 Expert evidence shall be identified at the earliest case management conference and confined to genuinely contested technical or specialised issues. Joint expert reports and expert conferencing (hot-tubbing) shall be preferred.

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Parties with a valid arbitration agreement may file a Notice of Arbitration under the Consolidated Rulebook. The Secretariat acknowledges within one business day.

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