Arbitration Links - Linklaters
  • Topic: Evidence
  • Jurisdiction: France

“Adverse inference” doctrine endorsed by the Paris Appeal Court

11 April 2017 Pierre Duprey, Europe; France

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In a decision of 28 February 2017, the Paris Appeal Court held that the IBA Rules on the Taking of Evidence in International Arbitration 2010 (the IBA Rules of Evidence) were applicable as long as the rules were agreed upon by the parties in the Procedural Order n°1.  Further, the court ruled that the tribunal was entitled to apply the adverse inference doctrine provided at Article 9(5) of the IBA Rules of Evidence.

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