Introduction

Parties engaged in international arbitration often agree on the procedure for the production of documents and other evidence. When parties are faced with an uncooperative adversary who withholds documents, however, there appear to be few remedies. Arbitral tribunals have limited powers to compel enforcement. In addition, while applicable law may permit parties to refer to national courts to assist with discovery, those courts generally are reluctant to get involved in discovery disputes in arbitrations and will do so only in narrow circumstances. But other ...