Streamlining Your IT Contracting with Legal Insights: A Guide to the IBA Rules

When you are looking to hire a contractor for an IT project, time is of the essence and the hassle of contracting can lead to further delays may not feel imminent. Here, Bench Direct, which has a theme of speeding up the hiring of IT contractors, provides you with an example of where laying down some legal ground work can speed up your contracting process with the employment of international legal standards in domestic contracting.

The IBA Rules on the Taking of Evidence provide an example of contractual efficiency. This set of rules is internationally recognized as best practice in the field of international contract drafting and are used across the world in international arbitration. The aim of these rules is to facilitate the evidence taking process and speed up the resulting proceedings.

Take the example of applying the IBA Rules on the Taking of Evidence to your own IT contracts and how this can speed up your contracting process. These rules are effectively an international version of the Anglo-Saxon law on the taking of evidence for international contracts, Canadian contract law and in particular the rules on the taking of evidence. You can use these IBA rules to speed up your international and domestic contracting processes by forcing your contracting partner to comply with the highest of international standards in a manner all parties understand, whether they are from the Middle East, Europe, North America (US) or Malaysia.

For example, if you want to take evidence, the best way to do this is by complying with the IBA Rules on the Taking of Evidence. The IBA Rules provide an international standard for the contracting parties to comply with when evidence taking is needed.

In your IT contracting process, it is increasingly common that taking the evidence of an IT contractor will be necessary and there is no reasonable alternative to using the IBA Rules on the Taking of Evidence as this international rule provides the most efficient and effective contractual setting for evidence taking in IT contracts.

This can speed up your IT contracting process by enabling all parties to have ‘international’ rights and obligations in the take of evidence process such as the right to inspect or to ask questions and theories of your expert IT contractor and the duty to disclose a witness statement from the IT contractor in relation to your technical queries as well as the rights to add questions and extra subjects the IT contractor can comment on.

Bench Direct as a company has the aim of speeding up the efficiency of IT contractor hiring wherever possible. We use these IBA Rules on the Taking of Evidence and the experience of applying them from the perspective of international arbitration to apply them to all our IT contracts, including for example for IT projects in telecommunication companies such as in Malaysia, Hong Kong, Europe, the UK and in Australia.