Burden of Proof as a Prerequisite to Document Production Under the 2010 IBA Rules: An Obituary
Article from: TDM 1 (2017), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Introduction
Document production in international arbitration has been the subject of much debate since the adoption of the original IBA Rules in 1983. Although it is firmly established that the IBA Rules allow for production of documents, the scope of production continues to divide scholars and practitioners alike. Given the import of document production, it is no surprise that the parties have a vested interest in challenging the other side's requests. But lawyers in arbitration proceedings, unlike other litigation, typically hail from different legal traditions, bringing their respective local ...