We considered the IBA Rules on the Taking of Evidence in International Arbitration (the "IBA Rules") in a previous post. Bridging the Common Law Civil Law Divide in Arbitration. Some practitioners consider the document production as "an essential element of justice", whereas some others consider it as "a waste of time and money". A: Production of documents is generally subject to the parties' agreements and the arbitral tribunal's discretion. Download for offline reading, highlight, bookmark or take notes while you read Document Production in International Arbitration. In ENMAX Energy Corporation v.TransAlta Generation Partnership et al, 2022 ABCA 206, the Alberta Court of Appeal (Paperny, Rowbotham, and Strekaf, JJA) upheld the chambers justice's decision to refuse to set aside an arbitral award (the "Award") under section 45(1)(f) of the Alberta Arbitration Act, RSA 2000, c A-43 (the "Act"). This is a major departure from the prior rule.
Sample 1. The IBA Rules are the best known example. ICC Arbitration Commission Report on Managing E-Document Production Get the document. The standard documents with drafting notes that are currently on Practical Law Arbitration are listed below under the relevant topic.
The principle of equal treatment or 'equality of arms' is often a key concern in document production in investment arbitration cases and an issue to be aware of when the IBA . Originally from Handbook on International Commercial Arbitration - Second Edition Preview Page In common law jurisdictions discovery is widely recognised as a "continuing obligation." The same would apply in civil law jurisdictions: if a document that came to light post-discovery is perceived to be relevant and a party wanted to rely upon it, it would and should be produced and entered . This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. It agreed that the ("Tribunal") document disclosure . In cross-border arbitration cases all players must be aware of the cultural and legal differences that arise due to the diversity of parties, arbitrators, and counsel. Production of Documents Available to one Party (Art. Formats. Document production is one of the most important and controversial topics in international arbitration. Document production should be taken seriously from the outset of the arbitration and approached with experience, caution and preparation. document production The Law on Evidence for Foreign Arbitrations Returns to the Supreme Court. Parties can request documents from each other, and exchange documents even before the written pleadings are filed. Format; BibTeX: View Download: MARC: View . section 1 of the AAA International Arbitration Rules. This section does not give any specific provision giving the powers to the arbitral tribunal to order for discovery and production of the documents. This event will be held at the offices of White & Case in Moscow. The requirements and procedure are best addressed already at the Case Management Conference. The Singapore case of Dongwoo Mann+Hummel Co Ltd v Mann+Hummel GmbH  3 SLR(R) 871;  SGHC 67 demonstrates how a tribunal may approach the issue of document production and withholding of such documents as well as the manner in which the Singapore court would . November 11, 2020. The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and . The International Bar Association's ( hereinafter , IBA) Rules, for instance, address this problem stipulating the production of "narrow and specific " documents and providing suitable safeguards from a . Introduction Discovery is an essential part of the procedural framework in the United States and other common law countries. Court involvement. Document Production Lists 1 and 2 describe the documents that are presumed to be discoverable in all arbitrations between a customer and a member or associated person. Documents discussing Section Canada repeats the Canada repeats the reasons in Line 1, 8 of the LFA, including the references . 19/06/2016 by Aceris Law LLC. explaining the purpose or use of these documents in the party's line of evidence. In 1999, FINRA adopted the Discovery Guide (Guide), which includes Document Production Lists (Lists), for use in customer arbitration proceedings. Background & Discussion. The Document Production phase is important . There is no standard " one size fits all " application of document production in international arbitration. View All Results >. For example, they may prohibit or restrict production of documents, or agree to produce the documents as per a . The IBA Rules are the best known example. 1999) ("the FAA's provision authorizing an arbitrator to compel the production of documents from third parties for purposes of an arbitration hearing has been held to implicitly include the authority to compel the production of documents for inspection by a party prior to a hearing."); In General. Legal privilege may justify keeping confidential information, evidence, or documents out of the record, even before a court or tribunal. The same documents can also be viewed by clicking on the relevant subject in the Topic box on the Practical Law Arbitration homepage and then selecting the "Standard documents" tab. National norms regarding document production differ sometimes significantly in civil law and common law systems. One Battery Park Plaza New York, New York 10004-1482 +1 (212) 837-6000. Put briefly, the starting position for disclosure/production under them is that parties will adduce the documents on which they intend to rely, and have a right to request the production of documents/classes of documents from adversaries (bounded by limiting criteria like relevance and materiality). Production of Documents. In other words, Section 142 must not be used as a tool to discover new facts.
This article was first published on Kluwer Arbitration Blog.----- Effective Management of Arbitration: A Guide for In-House Counsel and Other Party RepresentativesTopic Sheet 6: Document Production [Case management] [In-house counsel] English; . Document Production under the LCIA Rules. 1 (Redfern Schedule), Canada requests that . 9 Use and confidentiality of documents. in this arbitration. Unless otherwise agreed, the 2020 IBA Rules will apply to all arbitrations in which the parties agree to apply the IBA . The article discusses what the authors call "the power and primacy of contemporaneous documents" and looks at cases where the protocols for submission of document requests in arbitration are abused by a party to the arbitration, focusing on tribunals' need for alternatives to having an adverse inference in respect of abuse as the "adequate sole or exclusive remedy." Steps available to the tribunal. 8 Dealing with late disclosure of documents. Often, the most painful part of any arbitration is the document production process - partly because of a lack of detail in institutional rules, the International Bar Association Rules, and Chartered Institute of Arbitrators and International Chamber of Commerce guidelines on e-disclosure. Accordingly, the civil court must not order the production of documents merely aiming at retrieving information (BGH NJW 2007, 2989, para. 3 Document Production in International Arbitration - 2006 Special Supplement ICC International Court of Arbitration Bulletin Contents Foreword p. 5 Trends in Document Production in Egypt and the Arab World By Ahmed S. El-Kosheri and Mohamed S. Abdel Wahab p. 7 Document Production in International Commercial Arbitration: A Latin American . Document production nearly always features in international arbitration processes and, as is the case in England and Wales, it is common for national laws to afford tribunals wide discretion as to . What document production is required in a complex construction case might be quite different from a case seeking to determine the meaning of a word in a commercial agreement. With Vividus, the split in the circuits now favors no third-party document discovery under the FAA by a 3 to 2 margin. The essential  "Determination of rules of procedure.-. Discovery and document production are important stages in international arbitration for a party to adduce evidence that it intends to rely on in support of its case, and to request for production of documents that are in the possession, custody or control of the other party that it requires so as to establish its case. Document Production in International Arbitration, Moscow - Wednesday 7 June 2017. Because the arbitration agreement specified that the DISthat is, the German Arbitration Institute-would provide the panel to arbitrate the issues between . 11/06/2016 by International Arbitration. 23.3.2016. The Document Production Order provided that each disputing party shall submit to the Tribunal and the other disputing party, together with its written submissions, all documents available to it on which it relies, including public . ICC statistics show that 82 per cent of the costs involved in ICC arbitrations are incurred by the parties in document production and unnecessary evidentiary measures.9 It is recognised under modern arbitration laws that expansive document discovery is generally Document production in international arbitration / Reto Marghitola. This chapter discusses applying legal privilege to document production in international commercial arbitration. Attorney advertising. This is the inherent advantage of the arbitration: being able . This will of course be different if the request for arbitration/statement of claim or . In international arbitration, document production requests are usually conducted pursuant to IBA Rules on the Taking of Evidence in International Arbitration ("IBA Rules" or "Rules"). procedure for document production in their arbitration clauses.
This concept is common in international arbitration, but differs from English common law . There is no standard "one size fits all" application of document production in international arbitration.
The importance of Document Production at an early stage was canvassed in Abuse of Document Production in International Arbitration: Remedies When the Adverse Inference Falls Short.3 . This article was originally written for and featured in the Loyola University, Chicago International Law Review. "Abuse of Document Production in International Arbitration: Remedies When the Adverse Inference Falls Short," an article by Akin Gump partner Hamish Lal, counsel Brendan Casey and associates Josephine Kaiding and La Defranchi has been published by International Journal of Arbitration, Mediation and Dispute Management. First, it discusses the similarities and differences between various privilege regimes in North and South America, Europe, Australia, and Asia. Document Production in International Arbitration in International Arbitration (the "Rules").4 These Rules provide for parties to produce documents relied upon.5 The Rules also permit a limited and defined request for the production of documents or class of documents that is relevant The essential  Introduction Discovery is an essential part of the procedural framework in the United States and other common law countries. Hosted by: Co-sponsored by: Consider whether it is appropriate to deal with document production in the arbitration clause, for example by agreeing that there will be no document production (e . Nevertheless, in recent decades, it has become standard practice in arbitration to include a document production phase regardless of the parties' background, and the scope of document production has grown ever larger. Article 33.2 (b) FAI Rules grants the arbitral tribunal the power to order any party, at any time during the proceedings, to produce any documents or other evidence "that the arbitral tribunal may consider relevant to the outcome of the case". This is the inherent advantage of the arbitration: being able . In ENMAX Energy Corporation v.TransAlta Generation Partnership et al, 2022 ABCA 206, the Alberta Court of Appeal (Paperny, Rowbotham, and Strekaf, JJA) upheld the chambers justice's decision to refuse to set aside an arbitral award (the "Award") under section 45(1)(f) of the Alberta Arbitration Act, RSA 2000, c A-43 (the "Act"). Download PDF. Practical tips for efficient document production.
We hope that our analysis of the issues will provide some helpful insight into the ways in which such processes are best managed. The article discusses what the authors call "the power and primacy of contemporaneous documents" and looks at cases where the protocols for submission of document requests in arbitration are abused by a party to the arbitration, focusing on tribunals' need for alternatives to having an adverse inference in respect of abuse as the "adequate sole or exclusive remedy." October 22, 2021 October 22, 2021 / CPR Staff / Leave a comment. Rules on the Taking of Evidence in International Arbitration (2010) (IBA Rules).2 2. Sample 2. The PO contains useful reminders of general principles and best practice during the document production phase of international arbitration. The Director will notify parties of the location of the FINRA Discovery Guide and Document Production Lists on FINRA's Web site, but will provide a copy to the parties upon request. Contd. On 17 December 2020, the International Bar Association ("IBA") adopted a revised third edition of its Rules on the Taking of Evidence in International Arbitration (the "2020 IBA Rules"), which supersede the 2010 version currently in force (the "2010 IBA Rules"). Imprint Paris, France : ICC Pub., 2006. Waincymer, Procedure and Evidence in International Arbitration865(2012); ("A tribunal will need to balance relevance and materiality on the one hand with the possible burdensome nature of the . Sample 1. Arbitration document production is a "process by which a party can request the production of documents that are in another party's possession". 10. The Tribunal has discretion to decide on the relevance and admissibility of the evidence adduced by the parties, and can exercise the power to summon further evidence at any stage of the case (Articles 40 and 41 of the Arbitration (Additional Facility) Rules). Title Document production in international arbitration / ICC International Court of Arbitration Bulletin.
However, document production proceedings can be a costly and time-consuming exercise, and arbitral awards in particular are often challenged on grounds that relate to document production orders.
Despite the notable differences between the common law and civil law approaches to document production, there is a general consensus among practitioners from both sides that some level of document production is appropriate in an international arbitration. Most respondents appeared to have an open mind on possible new approaches for managing document production.
It encompasses document production but, in the United States, it also includes depositions, interrogatories, admissions, and much more. What document production is required in a complex construction case might be quite different from a case seeking to determine the meaning of a word in a commercial agreement.
Articles & Press. Document Production in International Arbitration by Reto Marghitola, 9789041151599, available at Book Depository with free delivery worldwide. laid down by Article 15 of the UNCITRAL Arbitration Rules governing these 2031.280(a). This article was originally written for and featured in the Loyola University, Chicago International Law Review. There is no standard "one size fits all" application of document production in international arbitration. ICC, Techniques for Managing Electronic Document Production When It Is Permitted or Required in International Arbitration 3.12 (2012); See alsoJ. Definition of document production and distinction from other terms Purpose of document production Arbitral tribunals' broad discretion The IBA Rules set a middle ground between the two traditions by introducing a limited . This volume summarizes the regimes applicable to litigation in the United Arab Emirates (UAE) for document production (both onshore By Pelin Baysal and Bilge Kaan evik. This Report describes the key features of electronic documents and how they may be managed, which is facilitated by a co-operative approach by the parties, by a focus on avoiding steps that will occasion unnecessary cost or delay, and by active case management by the arbitral tribunal. Document production serves as an important opportunity for parties to gather relevant documents that may be in the other party's possession, custody or control. There is no automatic duty to disclose documents, or right to request or obtain document production, in international arbitration, and the advent of electronic documents should not lead to any expansion of the traditional and prevailing approach to document production. The parties and arbitrators are free to fix the rules of procedure, subject to any mandatory provisions that may be applicable. Document production is one of the most important and controversial topics in international arbitration. This book's analysis focuses on whether there exist legal principles on which arbitrators should establish rules of document production in both civil law and common law countries, and shows how international arbitration is affected. Added Corporate Author International Chamber of Commerce. By Pelin Baysal and Bilge Kaan evik. International Court of Arbitration. This is the inherent advantage of the arbitration: being able . . Manager shall, upon City's written request from time to time, submit copies of any contract, bill, license, agreement or any other document relating to the Property or to this Agreement in Manager's possession to City. It also triggered the arbitrator's duty to disclose in the first arbitration. Effective Management of Arbitration: A Guide for In-House Counsel and Other Party RepresentativesTopic Sheet 6: Document Production [Case management] [In-house counsel] English; .
. In setting out the standards expected of parties, the Tribunal sought to reduce the burden of the document production process on the parties and the Tribunal, and to prevent it from becoming prolonged and . What document production is required in a complex construction case might be quite different from a case seeking to determine the meaning of a word in a commercial agreement.