Written Evidence and Discovery in International Arbitration

ICC Dossiers Volume 6

Documentary evidence is at the heart of the arbitral process. In international arbitration, the right to be heard implies not only the production of documents, but also the possibility of accessing evidence held by other parties or third entities. State court intervention may then complicate the tribunal's task. Arbitral tribunals may have to decide which rules apply to issues such as the evidentiary value of documents or their admissibility. Arbitrators are increasingly confronted with new challenges, such as the growing volume of documentary productions and requests for E-Discovery, as well as ever more frequent objections to confidentiality and privilege. Document productions may also confront arbitrators with difficult issues of fraud and forgery.

The practice of documentary evidence is changing as international arbitrators look for transnational solutions capable of striking a proper balance between efficiency and fairness. Transnational instruments such as the IBA Rules on the Taking of Evidence in International Commercial Arbitration may need to evolve to accommodate new approaches and solutions. Dossier VI of the ICC Institute, Written Evidence and Discovery in International Arbitration, seeks to encourage reflection on future practice in relation to documentary evidence in international arbitration.

The contributors to this Dossier include:

• Amy F. Cohen
• Bernard Hanotiau
• David J. Howell
• Julian D.M. Lew
• Loretta Malintoppi
• Carole Malinvaud
• Lucy F. Reed
• Laurence Shore
• Michael E. Schneider
• Guido Santiago Tawil
• Vera van Houtte
• V.V. Veeder
• Markus H. Wirth

The ICC Institute of World Business Law brings together the finest legal minds to strengthen links between international business practitioners and the legal profession. The Institutes Dossiers is a series that has gained international prestige. These Dossiers are the outcome of the Institutes annual meetings, where experts from around the globe come together to discuss salient issues of international commercial law and arbitration.

An ICC Services publication, distributed by Kluwer Law International.