Written Evidence and Discovery in International Arbitration
New Issues and Tendencies
By: International Chamber of Commerce
About This Book
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.
AI Overview
Overview of "Written Evidence and Discovery in International Arbitration"
Published by: International Chamber of Commerce (ICC) Institute of World Business Law
Publication Date: The exact publication date is not specified in the sources, but it is mentioned as Dossier VI, which was published in 2009 .
Key Themes:
- Documentary Evidence: The book focuses on the role of documentary evidence in international arbitration, addressing its challenges, and the need for transnational solutions to balance efficiency and fairness .
- E-Discovery: It explores the increasing use of electronic discovery (E-Discovery) in arbitration, including the complexities it introduces .
- Confidentiality and Privilege: The book discusses the frequent objections to confidentiality and privilege in the context of document production, highlighting the need for clear rules and guidelines .
- Fraud and Forgery: It examines the issues of fraud and forgery that may arise during document production, emphasizing the importance of verifying the authenticity of documents .
- Evidentiary Value and Admissibility: The book delves into the rules governing the evidentiary value and admissibility of documents in international arbitration, aiming to provide clarity on these complex issues .
Plot Summary: The book is a comprehensive guide to the practice of documentary evidence in international arbitration. It reflects on the evolving nature of documentary evidence and the challenges it poses to arbitrators. The publication aims to encourage reflection on future practice by providing insights into new issues and tendencies in the field. It serves as a resource for arbitrators, tribunals, and legal practitioners seeking to navigate the complexities of documentary evidence in international arbitration.
Critical Reception: While specific reviews are not provided in the sources, the book is part of the ICC Institute's series, which is highly regarded in the field of international arbitration. The ICC Institute is known for its authoritative publications that contribute significantly to the development of international arbitration law and practice. The book's focus on practical issues and its aim to provide transnational solutions suggest that it would be well-received by practitioners and scholars in the field.
Additional Information
- ISBN: 9789284200627 (available for the paperback edition) .
- Price: The book is listed as €0.00, suggesting it may be available for free or as part of a subscription service .
- Related Publications: The ICC Institute has published several other dossiers and books on arbitration, including "The Secretariat's Guide to ICC Arbitration" and "Players' Interaction in International Arbitration" .
This overview provides a comprehensive understanding of the book's key themes, its practical focus, and its significance within the context of international arbitration.