6 Article 3: Documents

Subject(s):

Production of documents — Arbitral rules — Arbitration

This chapter looks at Article 3 of the IBA Rules. Article 3 deals with documents. The approach to document production in civil law and common law jurisdictions is very different. Article 3 represents a compromise between the two legal traditions and, as such, it is invaluable for use by parties to international arbitration. Article 3 addresses requests to produce documents made by one party to another, objections to such requests, and the process by which disputes around requests for production are to be determined. It also deals with the introduction of documents relied on by a party and requests for documents by the tribunal, as well as a number of other issues connected with access to documents and the form in which documents are to be produced.