Obtaining Documents from Adverse Parties in International Arbitration

COURTS ALMOST invariably provide a party with an effective mechanism for obtaining key relevant documents from the other party. The systems and scope in the civil and common law courts are different, but there is no real doubt that the right is enforceable. The same is not yet true for international arbitration, where there are real doubts as to enforceability of cross-border documentary orders. The issue is whether that has to be the case in situations where the documents are key to the arbitration proceedings.