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Ch.9 Discovery

John L. Gardiner, Lea Haber Kuck, Julie Bédard

From: International Commercial Arbitration in New York (1st Edition)

James H. Carter, John Fellas

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 April 2024

Subject(s):
Evidence — Hearings — Arbitral tribunals — UNCITRAL Arbitration Rules — Confidentiality and privilege
Discovery refers both to the process whereby the parties exchange information among themselves and also may seek information from third parties in preparation for an evidentiary hearing on the merits of their dispute.1 When the arbitration is venued in New York, the first issue for consideration relating to the discovery options that may be available to the parties is what the arbitration agreement itself provides, if anything, about the scope of permissible discovery. This is because, as discussed below, both federal and New York law place party autonomy at the...
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