Dossier VI
Written Evidence and Discovery in international Arbitration:
New Issues and Tendencies
ICC Publication No. 698

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.

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, Written Evidence and Discovery in International Arbitration, seeks to encourage reflection on future practice in relation to documentary evidence in international arbitration.


Partial Table of Contents:

·   Document disclosure, evidentiary value of documents and burden of evidence
·   State Courts and document production
·   Production of documents and fraud in international arbitration
·   Adverse inferences
·   Are the IBA Rules on the Taking of Evidence perfectible ?
·   Document production in international arbitration: A tentative definition of ‘best practices’
·   The paper tsunami in international arbitration: problems, risks for the arbitrators’ decision making and possible solutions
·   Electronic disclosure in international arbitration: The CIArb. Protocol for E-disclosure in Arbitration
·    and more