Discovery In Arbitration

'Witness may lie but the documents do not.'¹⁴

The production of documentary evidence holds major importance towards the outcome of any commercial dispute. Production of documents is necessary as it helps the tribunal to deliver a reasoned award. Parties submit the documents to the arbitral tribunal to support their claim, counter claim or defense. The problem usually arises when parties rely on the documents which are in the possession of the opposite party.

Domestic arbitrations in India are governed by Arbitration and Conciliation Act, 1996. In the case of Thyssen Krupp Werkstoffe GMBH v. Steel Authority of India, MANU/DE/0386/2010, it was held that though there is no specific provision under the Arbitration and Conciliation, 1996 specifically conferring power on the arbitrator to direct discovery, the arbitrator has absolute power and flexibility to conduct the proceeding as he may consider appropriate and is not bound by the Indian Evidence Act, 1872 and Code