162 NEWSLETTER 2021 In addition to the above, a new subparagraph has been included in article 4.6 (Witnesses of Fact) which deals with the submission of witness statements. Previously, revised or additional witness statements, including statements from persons not previously named as witnesses, were allowed, so long as any such revisions or additions responded only to matters contained in another party’s witness statements, expert reports, or other submissions that have not been previously presented in the arbitration. Now, it is clear that a second round of witness statements are allowed in case new factual developments that could not have been addressed in a previous witness statement exist. A similar amendment has been made to article 5.3 (Party-Appointed Experts). Conclusion The revisions made to the Rules are not fundamental changes but are welcome clarifications. Considering the Covid-19 pandemic, many institutions have made amendments to their rules, in order to better reflect current practices, such as conducting remote hearings, and the IBA has done the same in this respect. The IBA Rules 2020 aim at increasing the efficiency of arbitrations and reducing costs, to the extent possible.
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