Colloquium: Alternative to IBA Rules on the taking of evidence: benefit or time wasting?

21.09.2017

On the eve of the Eastern European Dispute Resolution Forum EEDRF-2017 a colloquium «Alternative to IBA Rules on the taking of evidence: benefit or time wasting?» was held in Minsk. During the colloquium, presentation of the concept of the new rules on the taking of evidence in international commercial arbitration was organized (working name – «The Prague Rules»). The principles of inquisitorial model of justice, aimed at effective arbitration proceedings, minimization of financial and time costs, adapting the procedure of international arbitration for dispute resolution with a low amount of the claim are the basis of the Prague Rules.

The inquisitorial model of the arbitration process fully meets the needs of modern business, which criticizes international arbitration for the fact that it is expensive and long.

Experts of leading law firms from all over the world took part in the event: Baker McKenzie, White & Case, Egorov Puginsky Afanasiev & Partners, WilmerHale, Garrigues and others. The format of the event allowed to present the concept from two sides: partner of the SBH Law Office Alexandre Khrapoutski and partner of Baker McKenzie's Moscow office Vladimir Khvalei supported the concept of the Prague rules, partner of the WilmerHale law firm Steven P. Finizio acted as an opponent.

Alexandre Khrapoutski presented the results of the research among respondents from 31 countries of the world, as well as the main points on which the Prague Rules should be based.

Vladimir Khvalei, in his turn, conducted a comparative analysis of the rules of International Bar Association (IBA rules) on the taking of evidence and provisions, as a basis for the Prague Rules.

Steven P. Finizio presented the main problems and trends, and main principles of IBA rules on the taking of evidence.

Moreover, Joe Tirado, partner of Garrigues law firm, Bruce Collins, professor, QC, Arbitration Chambers and Ilya Nikiforov, managing partner of Egorov Puginsky Afanasiev & Partners law firm shared their expert opinions in the discussion panel.

The debute of the satellite-meeting of the EEDRF in 2017 has already established itself as an excellent platform for meeting people with similar interests and opponents in professional community and also for new business-contacts.

Reference:

Eastern European Dispute Resolution Forum (EEDRF) – is the largest practical Forum held in Belarus and focusing on dispute resolution both in international commercial arbitration institutions and national courts. More than 200 experts in the field of litigation and arbitration from Baltic countries, CIS, Europe, the UK and the USA take part in the Forum annually.

SBH Law Office – one of the largest team of advocates and associates in Belarus with 25 years’ experience of professional. Offices in Minsk and Kyiv provide with high-quality legal assistance in such spheres as: banks, finance, insurance, real estate and construction, IT, FinTech, hardware, automobile and others. Leading international rankings Chambers and Partners, The Legal 500, IFLR1000, WWL, Best Lawyers confirm the expertise of SBH.

SBH Law Office provides its clients with maximum assistance in resolving disputes, representing clients in courts of the Republic of Belarus, in international arbitration courts. Partners of SBH are recommended arbitrators and members of different international arbitration institutions among which are the International Arbitration Court at the BelCCI, The International Commercial Arbitration Court at the CCI of the Russian Federation, the Chartered Institute of Arbitrators in London, Vienna International Arbitral Centre, Court of Arbitration for Sport in Lausanne, courts of arbitration in Poland and Lithuania, Russian and Ukrainian arbitration associations and others.


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