E-discovery in foreign and non-judicial contexts, part six: Other Non-Judicial Bodies

November 7, 2013

crossborder ediscoveryInternational Center for Dispute Resolution (ICDR)

American Arbitration Association (AAA)

Article 19(3): ‘At any time during the proceedings, the tribunal may order parties to produce other documents, exhibits or other evidence it deems necessary or appropriate’.

(ICDR)

ICDR Guidelines for Information Exchange in International Arbitration: Under Guideline 4 a party must provide evidence “in the form… most convenient and economical for it” and arbitrator may ”direct testing or other means of focusing.

‘Arbitration is not the place for an approach of ‘leave no stone unturned’ and zealous advocacy must be tempered by an appreciation for the need for speed and efficiency’ – but parties may opt out of this principle in 4 Modes, from Expansive to Limited.

London Court of International Arbitration (LCIA) Article 22.1: ‘Unless the parties at any time agree otherwise in writing, the Arbitral Tribunal shall have the power, on the application of any party or of its own motion, but in either case only after giving the parties a reasonable opportunity to state their views: (…)

Article 22.1: ‘(…) (d) to order any party to make any property, site or thing under its control and relating to the subject matter of the arbitration available for inspection by the Arbitral Tribunal, any other party, its expert or any expert to the Arbitral Tribunal; (e) to order any party to produce to the Arbitral Tribunal, and to the other parties for inspection, and to supply copies of, any documents or classes of documents in their possession, custody or power which the Arbitral Tribunal determines to be relevant.

United Nations Commission on International Trade Law (UNCITRAL) Article 27(3): ‘At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the arbitral tribunal shall determine’.

International Centre for Settlement of Investment Disputes (ICSID) Rule 34: ‘(2) The Tribunal may, if it deems it necessary at any stage of the proceeding: (a) call upon the parties to produce documents witnesses and experts; and, (…)’.

E-Discovery in Foreign and Non-Judicial Contexts, Part One

E-discovery in foreign and non-judicial contexts, part two: example preventative statutes

E-discovery in foreign and non-judicial contexts, part three: Example countries

E-discovery in foreign and non-judicial contexts, part four: International Arbitration Rules tend to restrict scope of e-discovery

E-discovery in foreign and non-judicial contexts, part five: International Chamber of Commerce (ICC)

E-discovery in foreign and non-judicial contexts, part six: Other Non-Judicial Bodies
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