2, 6 March 2017, p. 2. 3, 5 April 2016, para. "Production Of Documents For Additional Evidence Allowed If - Mondaq ARB/17/13, Decision on Provisional Measures, 26 September 2018, paras. Born, G.B., Chapter 16: Disclosure in International Arbitration, in International Commercial Arbitration, 2014, pp. Park, W.W., Arbitrators and Accuracy, Oxford University Press, 2010, p. 12; Waincymer, J.M., Promoting Fairness and Efficiency of Procedures in International Commercial Arbitration Identifying Uniform Model Norms, Contemporary Asia Arbitration Journal, Vol. I will deal specifically with sections 32, 38, 43, 44, 45 and 108 (3). Therefore, the 'certified copy' obtained under the RTI Act can be received in evidence only on showing reason for non production of original etc. 2, 18 Feb 2021, para. Lotfi, C., Documentary Evidence and Document, Production in International Arbitration, TDM, Vol. 35, 2011, p. 83. III, 2 August 2018, para. 1. Bryant, J., E-Discovery in International Arbitration - Still a Hot Topic?, Vol. 9-10. Their evidentiary value is to be analyzed by the courts at the time of final judgment. 353-414, pp. THE NEW IBA Rules on the Taking of Evidence in International Commercial Arbitration (the 'IBA Rules') were adopted by the IBA Council in June 1999. 28, Global Telecom Holding S.A.E. Venezuela Holdings B.V. and others (formerly Mobil Corporation and others) v. Bolivarian Republic of Venezuela, ICSID Case No. Search warrant: 2.4) 4. ARB/02/3, Decision on Respondents Objections to Jurisdiction, 21 October 2005, para. 2343-2344: scope and procedures for disclosure as between the parties in an international arbitration depend on the parties agreement to arbitrate and, absent such an agreement, the arbitrators exercise of their discretion, largely unconstrained by national law limitations.. 27-28. ARB/12/10, Decision on Saint Lucia's Request for Suspension or Discontinuation of Proceedings, 8 April 2015, para. ARB/12/14 and 12/40, Procedural Order No 14, 22 December 2014, para. 3, 2010, pp. We continuously identify new themes to add to the existing Wiki Notes as well as Contributors to author new Notes. 20. v. Republic of Peru ICSID Case No. ICSID Secretariat, Proposals for the Amendment of the ICSID Rules, Volume III, 2 August 2018, para. E.Tribunals powers and authority to decide on the requests, In case of contested documents, the tribunals decision is contained in the last column of the schedule, usually49accompanied by a procedural order to which it is attached.50. The Production of Documents in International Arbitration - Semantic Scholar ARB/15/22, Procedural Order No. Sabharwal, D. and Zaman, R., Vive la difference? ARB(AF)/00/1, Award, 9 January 2003, paras. 1 (Provisional Measures), 31 March 2006, para. 2010-18, Decisions on Respondent Requests for Document Production, 19 December 2013; Lao Holdings N.V. v. Lao People's Democratic Republic, ICSID Case No. 3(3)(a)(i)(ii). 11-16; Tennant Energy, LLC v. Government of Canada, PCA Case No. (eds. 43, Mesa Power Group LLC v. Government of Canada, PCA Case No. 3. ARB/19/28, Procedural Order No. 3, 4 October 2001, para. 7 on Document Production, 21 July 2015, para. Marghitola, R., Document Production in International Arbitration, International Arbitration Law Library, 2015, pp. ARB/15/49, Decision on Jurisdiction, 7 February 2020, paras. Derains, Y., Evidence and Confidentiality, in Confidentiality in Arbitration, ICC Bulletin, 2009. 2, 18 Feb 2021, para. 4 on the Production of Documents Referred to in the Parties' Privilege Logs, 03 May 2021, paras. Judge's power to put questions or order production 166. (ed), Legitimacy: Myths, Realities, Challenges, ICCA Congress Series, Volume 18, p. 233-237. 2016-13, Procedural Order No. 12 regarding the Parties' Privilege Claims, 14 November 2014, para. 7 on Document Production, 21 July 2015, para. 22, 26. ARB/19/31, Procedural Order No. 28, Glamis Gold Ltd. v. United States of America, Decision on Parties' Requests for Production of Documents Withheld on Grounds of Privilege, 17 November 2005, paras. Hanotiau, B., Document Production in International Arbitration: A Tentative Definition of 'Best Practices, ICC Special Supplement, 2006, para. 80. Under the UNCITRAL Model Law, arbitral tribunals can request that a third party disclose documents in their possession and in case of refusal, the tribunal can seek judicial enforcement of the order. 6-7. International Bar Association Rules on the Taking of Evidence in International Arbitration with commentaries, 2020, Art. ARB/06/5, Decision on Provisional Measures, 6 April 2007, para. 2012-12, Procedural Order No. 19-20. 423, TC Energy Corporation and TransCanada Pipelines Limited v. United States of America, ICSID Case No. ARB/19/28, Procedural Order No. Tercier, P. and Bersheda, T., Document Production in Arbitration: A Civil Law Viewpoint, The Search for Truth in Arbitration, ASA Special Series No. 23, Latam Hydro LLC and CH Mamacocha S.R.L. They were prepared by a working group, the members of which represented major legal systems mainly from the Anglo-American and Continental law cultures.1 Its drafts were discussed at the IBA conferences in Vancouver, Canada, 1998 and Barcelona . Queen Mary Survey, International Arbitration Survey: Current and Preferred Practices in the Arbitral Process Survey Findings, 2012, p. 3; Kaufmann-Kohler, G., Globalization of Arbitral Procedure, Vanderbilt Journal of Transnational Law, Vol. Tenaris S.A. and Talta - Trading e Marketing Sociedade Unipessoal Lda. The Evidence Act Chapter 80 Revised Edition 2009 (2008) . Power Group, L.C. ARB/16/16, Procedural Order No. ARB/21/16, Procedural Order No. Pan American Energy LLC and BP Argentina Exploration Company v. Argentine Republic, ICSID Case No. 145; Phillips Petroleum Company Venezuela Limited, Conocophillips Petrozuata B.V. v. Petroleos De Venezuela, S.A., Corpoguanipa, S.A., PDVSA Petroleo, S.A., ICC Case No. 22, 25-26. ARB (AF)/00/1, Procedural Order No. ARB/12/14 and 12/40, Procedural Order No 14, 22 December 2014, paras. Become a Contributor, submit your candidacy to author this Wiki Note. 10, para. Public Documents and Presumption as to Documents under the Indian 7 on Document Production, 21 July 2015, para. The Supreme Court has observed that the courts should take a lenient view when an application is made by defendant for production of the document which he was not able to produce along with the . 549-572. Reisman, W.M., Crawford, J.R. and Bishop, D.R., Chapter 12: Procedure and Proof: Developing the Case, in Foreign Investment Disputes: Cases, Materials and Commentary, 2nd ed., Kluwer Law International, 2014. 319; Flemingo DutyFree Shop Private Limited v. Republic of Poland, Award, 12 August 2016, para. 2013-15, Procedural Order No. ARB/13/31, Decision on Annulment, 30 July 2021, para. Document Production - Jus Mundi 7 on Document Production, 21 July 2015, para. It has become a widespread practice in international arbitration to use the so-called Redfern Schedule for this purpose.. B-Mex, LLC Deana Anthone, Neil Ayervais, Douglas Black and others v. United Mexican States, ICSID Case No. 11, Issue 4, August 2014, pp. ARB/17/16, Procedural Order No. ARB/07/22, Award, 23 September 2010, para. where courts rely on the parties to investigate the facts and present their positions. This article deals with the various provisions related to public documents and presumption as to documents under the Indian Evidence Act. 1, 29 May 2020, para. ARB/19/28, Procedural Order No. 4. 2009-04, Procedural Order No. Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia, ICSID Case No. ARB/13/13, Award, 27 September 2017, para. 9(2)(e), Pope & Talbot v. Government of Canada, Decision on Official Secrecy and Professional Privilege, 6 September 2000, paras. 10 - Annex I, 26 Feb 2021, Patel Engineering Limited v. The Republic of Mozambique PCA Case No. ARB/12/14 and 12/40, Procedural Order No 14, 22 December 2014, para. ARB(AF)/00/3, Award, 30 April 2004, para. As a matter of principle, a request for document production should be submitted no earlier than and no later than after the first exchange of the parties submissions on the merits. The requesting party can also advance objections in return. ARB/19/28, Procedural Order No. Tercier, P. and Bersheda T., Document Production in Arbitration: A Civil Law Viewpoint, The Search for Truth in Arbitration, ASA Special Series No. (ii) of official bodies and . ARB/77/1, Excerpts of Award, 30 November 1979, para. 42;Wlde, T.W., "Equality of Arms" in Investment Arbitration: Procedural Challenges, in Arbitration Under International Investment Agreements: A Guide to the Key Issues, May 2010, Oxford University Press USA, pp. ARB(AF)/00/3, Award, 30 April 2004, para. Evidence - The Use of Documents in Cross-Examination and Examination in Because it combines features from both common and civil law approaches, document production in arbitration is considered as one of the most remarkable examples of a merger between different national civil procedure approaches.10. 1 (Procedural Timetable and Conduct of the Arbitration), 14 Oct 2020, para. A witness summoned to produce a document shall, if it is in his possession or power, bring it to the Court, notwithstanding any objection which there may be to its production or to its admissibility. 2347-2348. 32; Methanex Corporation v. United States of America, Final Award, 3 August 2005, Part II, Chapter B, para. UNCT/07/1, Decision of the Tribunal on Production of Documents, paras. 14, 24 June 2020, para. 2013-15, Procedural Order No. 2018-54, Procedural Order No. ARB/08/5, Decision on Reconsideration and Award, 7 February 2017, para. ARB/05/22, Procedural Order No. 2, 24 May 2006, p. 7; Global Telecom Holding S.A.E. 12 regarding the Parties' Privilege Claims, 14 November 2014, paras. 25. 145, Phillips Petroleum Company Venezuela Limited, Conocophillips Petrozuata B.V. v. Petroleos De Venezuela, S.A., Corpoguanipa, S.A., PDVSA Petroleo, S.A., ICC Case No. US-Style Discovery: Good or Evil?, in Giovannini, T. and Mourre, A. ARB(AF)/00/1, Procedural Order No. (as . This article discusses the documents trail Order 11,12,13 and 19 of the Civil Procedure Code, 1908 in detail. 98. Hanotiau, B., Document Production in International Arbitration: A Tentative Definition of 'Best Practices', ICC Special Supplement, 2006, para. 2, 24 May 2006, pp. 10 - Annex I, 26 Feb 2021; Patel Engineering Limited v. The Republic of Mozambique PCA Case No. 59-64, Biwater Gauff (Tanzania) Limited v. United Republic of Tanzania, ICSID Case No. 12, Amec Foster Wheeler USA Corporation, Process Consultants, Inc., and Joint Venture Foster Wheeler USA Corporation and Process Consultants, Inc. v. Republic of Colombia ICSID Case No. C.D., ) Defendant ) MOTION FOR PRODUCTION OF DOCUMENTS Plaintiff A.B. Law on PRODUCTION, ADMISSIBILITY & PROOF OF DOCUMENTS - in a Nutshell However, the arbitral tribunal rejected it.84. Tercier, P. and Bersheda, T., Document Production in Arbitration: A Civil Law Viewpoint, The Search for Truth in Arbitration, ASA Special Series No. 1085-1176 at 1088. Tercier, P. and Bersheda, T., Document Production in Arbitration: A Civil Law Viewpoint, The Search for Truth in Arbitration, ASA Special Series No. and Antin Energia Termosolar B.V.) v. Kingdom of Spain, ICSID Case No. 4.4-4.6; Carlos Rios and Francisco Rios v. Republic of Chile, ICSID Case No. 8-9. 30. 4-5. 28, IBA Arbitration Guidelines and Rules Subcommittee, September 2016, para. Understanding exhibition and marking of documents during evidence Nord Stream 2 AG v. European Union PCA Case No. 290-296, Standard Chartered Bank (Hong Kong) Limited v. United Republic of Tanzania II, ICSID Case No.
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