Interaction Between State Courts And Arbitral Tribunals In Taking Of Evidence And Document Production

Introduction

Taking of evidence and document production is one of the most debatable subjects in international commercial arbitration due to different legal and cultural backgrounds of the parties and their legal counsels. Since the chances of success mainly depend on whether or not a party can prove its case, it is crucial for the parties to choose the best procedure for their dispute.

When it comes to determining the procedure, the parties may choose common law or civil law jurisdictions depending on the nature of their disputes, they may draft their own arbitration procedure, or they may refer to internationally accepted rules. If the parties fail to determine such agreement, the applicable procedure will be determined as per the laws of the seat of arbitration.