Newsletter-21

198 NEWSLETTER 2016 Admissibility and Assessment of Evidence under the IBA Rules The admissibility and assessment of evidence is regulated under Art. 9 of the IBA Rules. This article is of great importance, since it pertains to preservation of the lines of distinction between the rights of the parties and the authority of the arbitral tribunal 1 . The general rule is that the arbitral tribunal shall have discretion to make determina- tions pertaining to admissibility, relevance, materiality and weight of evidence. As stated above, Art. 9.2 of the Rules is applied by reference of Art. 3.5, with regard to objections to document production requests. Objections to Document Production Requests In the event that the party to whom the document production re- quest is addressed has objections, it should state these objections in writing to the arbitral tribunal and the other parties. Pursuant to Art. 3.6 of the Rules, the arbitral tribunal, upon re- ceipt of such objection, may invite the relevant parties to consult with each other with a view to resolving the objection. Accordingly, the said article shall be applied if the arbitral tribunal deems that party- to-party consultations may be more effective in order to resolve the objections. This may be the case concerning objections that are based on insufficient descriptions, and other deficiencies in the form of the request to produce 2 . Grounds for Objection under Art. 9.2 The grounds for objection to document production requests are set forth under Art. 9.2 of the IBA Rules. It should be emphasized that the arbitral tribunal may also exclude any document, statement, oral testimony, or inspection on its own motion. 1 1999 IBAWorking Party & 2010 IBA Rules of Evidence Review Subcommittee, Commentary on the revised text of the 2010 IBARules on the Taking of Evidence in International Arbitration, p. 25 (“IBA Rules Commentary”). 2 IBA Rules Commentary, p. 10.