Examples of IBA Rules in a sentence
The Respondent maintains that the objection based on privilege/legal impediment should be dismissed, inter alia, on the grounds that the Claimants: (i) failed to identify the specific documents subject to privilege, (ii) failed to provide sufficient information to assess the objection under Article 9(2)(b) of the IBA Rules.
Moreover, even if Claimants would be able to obtain some of the requested documents from another source (assuming they are even able to do so and in time to submit the information as part of their Reply), the IBA Rules require only that Claimants not request documents that are “in the possession, custody or control of the requesting Party,” which is not the case here.
The Respondent will observe that, pursuant to Article 5(2) of the IBA Rules (which apply in this case pursuant to PO 1, section 20.3 the expert reports shall contain inter alia: the “Documents on which the Party- Appointed Expert relies that have not already been submitted shall be provided”.
Moreover, pursuant to Article 5(2) of the IBA Rules (which apply in this case as per section 20.3 of Procedural Order No. 1) the expert reports shall contain inter alia: the “[d]ocuments on which the Party-Appointed Expert relies that have not already been submitted shall be provided”.
These materials are thus excluded from production by Article 9(2)(b) of the IBA Rules.
The Respondent will observe that, pursuant to Article 5(2) of the IBA Rules (which apply in this case pursuant to PO 1, section 20.3) the expert reports shall contain inter alia: the “Documents on which the Party- Appointed Expert relies that have not already been submitted shall be provided”.
As noted in the Respondent’s objections to the Claimants’ Xxxxx RFD, Item 18.5 of P01 provides that each request shall comply with the requisites established in Article 3(3) of the IBA Rules on the Taking of Evidence in International Arbitration dated 29 May 2010 (IBA Rules).
The Tribunal is not convinced that the documents requested are sufficiently relevant to the case and material to its outcome (IBA Rules, Arts.
These materials are thus excluded from production under Article 9(2)(b) of the IBA Rules.
In support of this statement Xx. Xxxxxx’x second expert report refers to Xx. Xxxxx’x first witness statement but does not include the document referenced therein.40 The Respondent will observe that, pursuant to Article 5(2) of the IBA Rules (which apply in this case pursuant to PO 1, section 20.3 the expert reports shall contain inter alia: the “Documents on which the Party- Appointed Expert relies that have not already been submitted shall be provided”.