London Partners Roman Khodykin and Carol Mulcahy discuss their book at NYU event

On February 4, London international arbitration partners Roman Khodykin and Carol Mulcahy participated in a debate in NY about issues raised in their recently published book The IBA Rules on Taking of Evidence in International Arbitration. This was hosted by NYU at the Forum of the Center for Transnational Litigation, Arbitration, and Commercial Law at New York University’s School of Law. At the launch, Carol and Roman received and responded to commentary from Dirk De Meulemeester, partner at DMDB Law in Brussels, President of the Belgian Center for Arbitration and Mediation, and professor at the University of Gent and University of Leiden; and Friedrich Rosenfeld, partner at Hanefeld in Hamburg, and professor at NYU Law, International Hellenic University, and Bucerius Law. Franco Ferrari, Director of the Center for Transnational Litigation, Arbitration, and Commercial Law at NYU, hosted and moderated the event.

The panel engaged in lively conversation on various topics, including whether document production should be restricted to that relevant to issues for which the requesting party carries the burden of proof, the impact and interplay of approaches favored by lawyers from different legal traditions when using the IBA Rules and in international arbitration more generally, the available approaches for selecting the applicable law on privilege in an individual arbitration, and the role of negative or adverse inferences.

The forum was attended by noted practitioners, academics, and many students of international arbitration.