Written Evidence and Discovery in International Arbitration

Download or read book Written Evidence and Discovery in International Arbitration written by Teresa Giovannini and published by Four O'Clock Press. This book was released on 2009 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documentary evidence is at the heart of the arbitral process. Arbitrators are increasingly confronted with new challenges, such as requests for E-Discovery, as well as ever more frequent objections to confidentiality and privilege. Document production may also confront arbitrators with difficult issues of fraud and forgery. Further, Arbitral tribunals may have to decide which rules apply to issues such as the evidentiary value of documents or their admissibility. 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.