This volume summarizes the regimes applicable to litigation in the United Arab Emirates (UAE) for document production (both onshore 19/06/2016 by Aceris Law LLC. Download PDF. Sample 1. Steps available to the tribunal. 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. 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. One Battery Park Plaza New York, New York 10004-1482 +1 (212) 837-6000. 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. . There is no standard " one size fits all " application of document production in international arbitration. Accordingly, the civil court must not order the production of documents merely aiming at retrieving information (BGH NJW 2007, 2989, para. 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. Most respondents appeared to have an open mind on possible new approaches for managing document production. Download PDF. 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 . In 1999, FINRA adopted the Discovery Guide (Guide), which includes Document Production Lists (Lists), for use in customer arbitration proceedings. 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). 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." An extensive run on document production has the tendency to delay proceedings for months at stretch thus increasing costs of arbitration. Document Production in International Arbitration by Reto Marghitola, 9789041151599, available at Book Depository with free delivery worldwide. Production in FINRA arbitration claims is governed by the FINRA Code of Arbitration Procedure which allows for propounding parties to request documents and for responding parties to agree to produce or to object. 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. Despite the IBA Rules on the Taking of Evidence in International Arbitration to . With Vividus, the split in the circuits now favors no third-party document discovery under the FAA by a 3 to 2 margin. Download for offline reading, highlight, bookmark or take notes while you read Document Production in International Arbitration. There is no standard "one size fits all" application of document production in international arbitration. By Pelin Baysal and Bilge Kaan evik. 10. More than two-thirds of respondents thought that cost shifting might be a good 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. Civ.
The IBA Rules are the best known example. (1) The arbitral tribunal shall not be bound by . Practically speaking, the adherence to due process by ordering extensive document production in the second arbitration was costly and time consuming. November 11, 2020. 1 (Redfern Schedule), Canada requests that . By Pelin Baysal and Bilge Kaan evik. But, if handled properly, it will indeed improve the chances to win the arbitration. 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 Production of Documents Available to one Party (Art. Attorney advertising. 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"). 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). In ICC International Court of Arbitration Bulletin: 2006 Special Supplement: Document Production in International Arbitration, p. 21-32. Sample 2. This article was first published on Kluwer Arbitration Blog.----- Arbitration: Document Production. If used properly, it can be a decisive tool to win your case. section 1 of the AAA International Arbitration Rules.
This article focuses on the possible routes arbitrators may follow in the presence of different legal systems' approaches to privilege when it comes to document production in international arbitration. This, in particular, as parties do not always see eye to eye when it comes to document production: For one, parties and arbitrators with a common law background are . Added Corporate Author International Chamber of Commerce. There is no standard "one size fits all" application of document production in international arbitration. The parties may determine, for instance, whether and to what extent document production requests or cross-examination will be allowed. A YIAG seminar on document production. The IBA Rules. procedure for document production in their arbitration clauses. Tribunal's Role in Arbitration Document Production under the ICC Rules. explaining the purpose or use of these documents in the party's line of evidence. International Court of Arbitration. Background & Discussion. 3, S. 1) . View All Results >. This is the inherent advantage of the arbitration: being able . Document Production List 1 specifies the presumptively discoverable documents that firms/associated persons are required to . 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. 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 . It encompasses document production but, in the United States, it also includes depositions, interrogatories, admissions, and much more. 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 . Document production is one of the most important and controversial topics in international arbitration. In other words, Section 142 must not be used as a tool to discover new facts. Report of the ICC Commission on Arbitration Task Force on the Production of Electronic Documents in International Arbitration . Documents discussing Section Canada repeats the Canada repeats the reasons in Line 1, 8 of the LFA, including the references . Formats. 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. 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 .
"Determination of rules of procedure.-. Articles & Press. 3. K2400 .M365 2015 Available at Stacks. But it can also be used, unjustifiably and abusively, as a shield to hide evidence which is adverse to and perhaps even determinative of the other . By Bryanna Rainwater. This concept is common in international arbitration, but differs from English common law . arbitrators may order the parties to present evidence and draw adverse inferences from a party's refusal to deliver a . The author examines the relevant discretion of arbitral tribunals under US, English, Swiss, German, and . 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. National norms regarding document production differ sometimes significantly in civil law and common law systems. Dispute Management. 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). A: Production of documents is generally subject to the parties' agreements and the arbitral tribunal's discretion. In the Anglo-Saxon world, it is - in varying degrees - normal to have a document production (or discovery) stage at some point in most . The link between document production requests and concerns of right to due process shall be analyzed in this article. Document Production in International Arbitration, Moscow - Wednesday 7 June 2017. 2031.280(a). The UNCITRAL Arbitration Rules address document production in a similarly limited fashion. 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 . 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. 2 The Guide provides direction on which documents parties should exchange without arbitrator or staff intervention, and the Lists specifically indentify the documents parties should exchange before the hearing, depending on . The seminar will feature two panel discussions and a debate. 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 .