External rules

An example is the IBA Rules on the Taking of Evidence in International Commercial Arbitration, which are coming to be used quite widely in international arbitrations. Originally published in 1999, an updated version of the IBA Rules was released in 2010, and a third revision to the IBA Rules was made at the end of 2020 (click here to read more about the 2020 revision).

The IBA Rules are limited to the procedures for taking and producing evidence, therefore they are a supplement to institutional or ad hoc rules, rather than a substitute. They are intended to assist arbitrators to conduct proceedings in an "efficient and economical manner" and to allow flexibility.  They  may be adopted in whole or in part.

The IBA Rules set out broadly the compromise between common law and civil law systems generally adopted in international arbitrations. Thus, in relation to disclosure of documents, the Rules seek to steer a middle course between US-style wide discovery and the limited disclosure usual in civil law countries. The parties are required to apply to the arbitral tribunal to request specific documents or a narrow and specific category of documents, and the tribunal will order production only if it is convinced that the requested documents are relevant and material to the arbitration. Similarly with witnesses, the Rules blend the civil and common law traditions, providing for service of witness statements and allowing parties to interview witnesses (which is often not done in civil law jurisdictions). Guidance is also provided on how to deal with requests for e-disclosure and videoconferencing for witness testimony.