160 NEWSLETTER 2021 December 2020 or, if the parties agree, may be applicable to arbitrations commenced after the same date. In its first article, the IBARules set out the scope of application of the Rules. This is followed by article 2 which deals with consultation on evidentiary issues. Article 3 deals with documents and document production requests.2 Article 4 sets out rules regarding witnesses of fact. Articles 5 and 6 deal with party-appointed experts and tribunalappointed experts, respectively. This is followed by article 7, entitled “Inspection” and article 8 “Evidentiary Hearing.” Lastly, article 9 outlines the rules on admissibility and assessment of evidence. The IBA Rules are also supplemented by detailed commentary which provides useful additional information for practitioners. Main Changes The changes made to the Rules are limited and aim to ensure greater clarity. Important changes are listed below: Cybersecurity and Data Protection As mentioned above, article 2 of the Rules deals with evidentiary issues. Article 2.2 lists certain issues that should be addressed during the consultation on evidentiary issues. An item of issues of cybersecurity and data protection has been introduced as article 2.2(e). Cybersecurity threats are more common and are now a serious concern. Additionally, with the increased use of technology there may be data protection issues arising out of for example during remote hearings and sharing documents during the proceedings. If such issues are dealt with at an early stage of the proceedings, this will clearly prevent exposure of data. 2 Please see Babur, Ezgi: “Document Production Requests Pursuant to IBA Rules on The Taking of Evidence in International Arbitration”, Erdem & Erdem Newsletter, January 2016, http://www.erdem-erdem.av.tr/publications/law-post/ document-production-requests-pursuant-to-iba-rules-on-the-taking-of-evidencein-international-arbitration--i/ and Babur, Ezgi: “Document Production Requests Pursuant to the IBA Rules on The Taking of Evidence in International Arbitration II”, Erdem & Erdem Newsletter, May 2016, http://www.erdem-erdem.av.tr/publications/law-post/document-production-requests-pursuant-to-iba-rules-on-the-taking-of-evidence-in-international-arbitration--ii/
RkJQdWJsaXNoZXIy MjUzNjE=