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Document Production in International Commercial Arbitration

27.11.2012, Maisteritutkielma

Arbitration has become a solid mechanism of resolving disputes, but what lessens its attractiveness is the resemblance to a regular court litigation, especially regarding presenting of evidence and document discovery. Although fairly technical and specific at the outset, issues related to the production of evidentiary documents are fundamental to the institution of international arbitration. This paper aims to define the rights and obligations of parties to an international arbitration regarding production of documents. What kind of judicial assistance is available for parties to obtain documents in possession of third parties? Lastly, this paper examines what kind of impact does the electronization of documents have on document production in international arbitration and how can it be controlled. The regulation is mostly based on IBA Rules of evidence. The scope of the document disclosure available is, however, limited by the requirements of specificity, relevance, materiality and proportionality. The scope of document production continues to be a contested issue.

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