ABSTRACT

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How International Arbitral Tribunals Establish the Facts of a Case Through Documentary Evidence

Author: A. de LOTBINIERE MCDOUGALL & N. BOUCHARDIE

Type: Article

ref: 42008509-522

N0:4 of 2008

Pages: 509-522

The facts often decide the outcome of an international arbitration. Documentary evidence is a principal source for the arbitral tribunal in establishing the facts of a case. In this article, the authors present arbitral practice with respect to production of documents (including by a party at the request of the opposing party), which combines civil and common law traditions. They also analyse the issues that may arise with respect to production of documents in international arbitration, as well as the strategies best suited to avoid them.