On 28 May, 2010, the International Bar Association Council adopted a revised version of the 1999 "IBA Rules for the Taking of Evidence in International Commercial Arbitration" (generally the "IBA Rules" or simply the "Rules"). The revisions to the IBA Rules have been implemented as a result of a two year collaborative process which involved an initial editing of the text of the Rules by a select subcommittee of leading international arbitration practioners (the "Revision Subcommittee") followed by an invitation to the public for comments. For those who are involved in international arbitration as users, counsel, or arbitrators, the IBA Rules are a well known set of guidelines which many within the practice of arbitration regard as providing persuasive guidance on accepted norms of evidentiary procedure. It can therefore be anticipated that the 2010 revised version of the Rules will have a significant impact on the future procedural practices used in international arbitration in a manner similar to its predecessor.

The substantive revisions to the 1999 IBA Rules may be characterized as falling into three general categories: 1) additions to the Rules which strengthen an arbitral tribunal's control over the taking of evidence; 2) revisions intended to clarify difficult areas of evidentiary procedure; and 3) enhanced case management techniques. These revisions are extensive, and will no doubt require study before parties and their counsel agree to using them.

Later this year I will be publishing a more extensive comment on the newly revised rules in a well known international journal. More details to come.