As a prominent alternative dispute resolution mechanism, arbitration plays a pivotal role in resolving commercial disputes. In Cambodia, the National Commercial Arbitration Centre (“NCAC“) was established as the first commercial arbitral institution aiming to provide comprehensive procedural rules for resolving commercial disputes through arbitration. The initial 2014 NCAC Arbitration Rules have since been superseded by the 2021 NCAC Arbitration Rules (“NCAC Rules“).
One key aspect of arbitration proceedings is evidence-taking, which forms the backbone of the arbitral tribunal’s ability to render informed decisions. The NCAC Rules aim to provide the parties with a fair, expeditious, efficient, and cost-effective dispute resolution mechanism, including how evidence is taken.
In this article, we discuss:
- The nature of evidence-taking and its significance in arbitration;
- Evidence-taking under the NCAC Rules;
- Challenges and limitations in evidence-taking; and
- International best practices for effective evidence-taking, with reference to the International Bar Association Rules on the Taking of Evidence in International Arbitration (IBA Rules) and the Rules on the Efficient Conduct of Proceedings in International Arbitration (Prague Rules).
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