In March 2010, the International Bar Association's (IBA's) Arbitration Committee completed its review of the Rules on the Taking of Evidence in International Commercial Arbitration, and submitted its final draft to the IBA Legal Practice Division and IBA Council for their approval (see Legal update, IBA latest developments). On 29 May 2010, the IBA Council adopted the revised Rules, which are now entitled the IBA Rules on the Taking of Evidence in International Arbitration. The revised Rules include provision for early consultation on evidential matters, dealing with privileged documents, the use of costs penalties to reflect lack of good faith in taking evidence and guidance on e-disclosure.

We will provide a more detailed analysis in due course.