Part VI Discovery and Document Production, 17 Meeting the Requirements of Article 3(3) of the IBA Rules: Recommendations for Successful Requests for Document Production
Mark McNeill, Margaret Clare Ryan
From: Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators
Edited By: Julio César Betancourt
- Jurisdiction — Arbitrators — Claims — Recognition and enforcement — Admissibility of evidence — International courts and tribunals, procedure
The International Bar Association (IBA) Rules on the Taking of Evidence, first issued in 1999, were designed as a tool for parties and for arbitrators to promote ‘an efficient, economical, and fair process for the taking of evidence in international arbitration’. Article 3 of these Rules, concerning the taking and presentation of documentary evidence, is arguably the central provision given the important role played by documentary evidence in international arbitral proceedings compared to other means of evidence. However, disputing parties often debate the practical application and interpretation of Article 3-particularly relating to Article 3.3, which sets forth the positive requirements that a party must meet when submitting a request to produce documents that are in the control of an opposing party (a ‘Request to Produce’). This chapter explores the most debated criteria of Article 3.3 in order to identify the characteristics of a well-drafted Request to Produce. Meeting the Article 3.3 requirements will assist a party in advancing its case by obtaining the production of vital and specific documents in an adversary’s possession. It will also promote an efficient and cost-effective process of taking evidence in international arbitration.