Discovery and Disclosure of Evidence in International Commercial Arbitration

Evidence is the core of any adversarial process. However, there are not so many binding rules on taking of evidence in international commercial arbitration. While it gives a certain amount of flexibility to the parties, these gaps in regulation may also result in some challenges. As every legal system has its own rules on discovery of documents, parties that come from different jurisdictions may disagree on evidentiary procedure. Lack of rules gives the arbitrators total discretion to determine arbitral procedure of the dispute, which in the long run may harm not only the parties in the arbitration, but the entire institution of international commercial arbitration. Hence, the author of this work covers the procedural questions of taking of evidence in international commercial arbitration. It also focuses on the analysis of legal instruments used in the process of discovery and disclosure under different jurisdictions.