11. 2016-13, Final Award, 25 July 2022, para. 4; Canadian Cattlemen for Fair Trade v. United States of America, Procedural Order No. 2013-22, Procedural Order No. ARB/16/25, Procedural Order No. 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, pp. ICSID, Production of Documents ICSID Convention Arbitration; ICSID Secretariat, Proposals for the Amendment of the ICSID Rules, Vol. Schreueur, C., The ICSID Convention: A commentary, Cambridge University Press, 2009, p. 642, para. Justice Government UK, Disclosure of documents, 30 January 2017; Kaufmann-Kohler, G., Globalization of Arbitral Procedure, Vanderbilt Journal of Transnational Law, 2003, pp. Arbitral tribunals can also sanction a partys misconduct94or failure to comply withdocument production requests with awards on costs,95or even damages,96against parties to the arbitration97but also their representatives.98. 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. ARB/16/19, Procedural Order No. 9-10. 37, William Ralph Clayton and others v. Government of Canada, PCA Case No. ARB/15/22, Procedural Order No. 2120- 2318, p. 2250: A tribunal must also decide when during the course of arbitral proceedings the parties may seek disclosure from one another. v. Republic of Hungary, ICSID Case No. Both parties (claimant and respondent) are free to request the production of documents. 5, 19 March 2013, para. 2013-15, Procedural Order No. 5.4, AES Summit Generation Limited and AES-Tisza Erm Kft. Born, G.B., Chapter 16: Disclosure in International Arbitration, in International Commercial Arbitration, 2014, pp. UNCT/02/1, Tribunal Decision Relating to Canadas Claim of Cabinet Privilege, 8 October 2004, para. 31, Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania ICSID Case No. ARB/12/10, Decision on Saint Lucia's Request for Suspension or Discontinuation of Proceedings, 8 April 2015, para. Born, G.B., Chapter 15: Procedures in International Arbitration, in International Commercial Arbitration, 2nd ed., Kluwer Law International, 2014, pp. ARB/05/22, Procedural Order No. 2, 2017, pp. It has even been described as a general principle of law.. 56, Metal-Tech Ltd. v. Republic of Uzbekistan, ICSID Case No. Commission Report: Decision on Costs in International Arbitration, ICC Dispute Resolution Bulletin 2015, Issue 2, 2015. 3 Concerning the Production of Documents, 4 October 2001, para. Notice to Produce Documents in Civil Cases - Saji Koduvath Associates 1999 IBA Working Party & 2010 IBA Rules of Evidence Review Subcommittee, Commentary on the revised text of the 2010 IBA Rules on the Taking of Evidence in International Arbitration. and Antin Energia Termosolar B.V.) v. Kingdom of Spain, ICSID Case No. Document production is a procedural tool by which a party or the tribunal can request (and order) the production of documents in possession of the other party allowing them to obtain further evidence to substantiate their case. 22;Latam Hydro LLC and CH Mamacocha S.R.L. v. The Plurinational State of Bolivia PCA Case No. 25; Tidewater Investment SRL and Tidewater Caribe, C.A. Secondary Evidence is the document which is not original document but those . 21; Windstream Energy LLC v. Government of Canada, PCA Case No. ARB/07/22, Award, 23 September 2010, para. Nigel, B., Partasides, Redfern, A. and Hunter, M.,Chapter 6. 101-102, Nova Group Investments, B.V. v. Romania, 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. In order for documentary evidence to be admitted at trial it must berelevantpursuant toFRE 402and403. II. 18. . ARB/05/17, Award, 6 February 2008, AGIP S.p.A. v. People's Republic of the Congo, ICSID Case No. Tevendale, C. and Franc-Menget, L., The Prague Rules: Arbitral Efficiency under the Lens, ICC Dispute Resolution Bulletin, Issue 2, 2019, p. 15: Whilst this inquisitorial approach will be familiar and welcome to users of arbitration from civil law jurisdictions, it may come as somewhat of a culture shock to some common law practitioners who have trained and practiced in jurisdictions where courts rely on the parties to investigate the facts and present their positions.. 5, 28 May 2004, paras. Swerdloff, N., Elul, H.M. et al., Arbitrators Power to Sanction Non-Compliance in Discovery in International Commercial Arbitration, in Van den Berg, A.J. ARB/19/28, Procedural Order No. 42-46, Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration and Production Company Limited and Bangladesh Oil Gas and Mineral Corporation, ICSID Case Nos. 45; Theodoros Adamakopoulos, Ilektra Adamantidou, Vasileios Adamopoulos and others v. Republic of Cyprus, ICSID Case No. 5, 19 March 2013, para. Presumption as to documents thirty years old.Where any . 260. Hanotiau, B., Document Production in International Arbitration: A Tentative Definition of 'Best Practices', ICC Special Supplement, 2006, paras. Div. production of documents - TheFreeDictionary.com Legal Dictionary ARB/12/14 and 12/40, Procedural Order No 14, 22 December 2014, para. 2013-15, Procedural Order No. 3.2, 1999 IBA Working Party & 2010 IBA Rules of Evidence Review Subcommittee, Commentary on the revised text of the 2010 IBA Rules on the Taking of Evidence in International Arbitration, pp. 32, Issue. 2, 2017. ARB(AF)/07/2, Award, 13 August 2009, para. 29-30. Document Production - Jus Mundi 81-82; 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. 15.1, Angel Samuel Seda and others v. Republic of Colombia ICSID Case No. 12. III, 2 August 2018, para. 7. III. 171. 2018-54, Procedural Order No. Nigel, B., Partasides, C. et al., Chapter 6. 35, 2011, p. 94: The procedural rules or special instructions of the arbitral tribunal, issued upon a request of the parties, define whether there will be a second round of exchange of submissions between the parties on document production requests. 431446, p.440;BSG Resources Limited, BSG Resources (Guinea) Limited and BSG Resources (Guinea) SRL v. Republic of Guinea (I) ICSID Case No. 4 Decision on the Claimant Objections to the Respondent Claims of Privilege, 3 November 2018, para. ARB/21/16, Procedural Order No. 80. 35, 2011, p. 98: In investment arbitration, where the investor has been expelled from the country and does not have any documents to defend itself, it would be appropriate to allow document production requests to be filed early in the proceedings.. ARB/05/22, Procedural Order No. Venezuela Holdings B.V. and others (formerly Mobil Corporation and others) v. Bolivarian Republic of Venezuela, ICSID Case No. Arbitral tribunals can also sanction a partys misconduct, The IBA Rules, 17 December 2020, p. 3 with commentaries, Justice Government UK, Disclosure of documents, 30 January 2017, United Nations Commission on International Trade Law, Analytical Commentary on the Draft text of the Model Law, 1985, p. 46, ICSID Arbitration Rules (2022), Article 36(3), ICSID Additional Facilities Arbitration Rules Article 41(2), ICSID Additional Facilities Arbitration Rules (2022), Article 46(3), UNCITRAL Arbitration Rules, 2013, Article 27(3), SIAC Investment Rules, 2017, Article 24(f), Phoenix Action Ltd v. Czech Republic, ICSID Case No. LL.B from GLS Law College, Ahmedabad. Document Exploitation - Wikipedia ARB(AF)/16/3, Procedural Order No. Document Production - Jus Mundi 31, Issue 6, 2014, pp. 35. Convergence and Conformity in the Rules Reforms of Arbitral Institutions: The Case of the LCIA Rules 2014, Journal of International Arbitration, Kluwer Law International, Vol. 4 Decision on the Claimant Objections to the Respondent Claims of Privilege, 3 November 2018, para. ARB/02/3, Decision on Respondents Objections to Jurisdiction, 21 October 2005, para. This requires considering whether the parties have sufficiently defined the issues (so that the tribunal can assess the relevance and materiality of requested documents), as well as whether the parties will have sufficient time to digest materials which are disclosed and incorporate them into their submissions or hearing preparations. Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania, ICSID Case No. Rule 34. 6-7. 1, 24 April 2020, para. ARB/15/41, Procedural Order No. v. Bolivarian Republic of Venezuela ICSID Case No. The normal rule of leading documentary evidence is the production and proof of the original document itself. 42-46; Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration and Production Company Limited and Bangladesh Oil Gas and Mineral Corporation, ICSID Case Nos. 35, ICSID Secretariat, Proposals for the Amendment of the ICSID Rules, Volume III, 2 August 2018, para. Pan American Energy LLC and BP Argentina Exploration Company v. Argentine Republic, ICSID Case No. Railroad Development Corporation v. Republic of Guatemala, Decision on Provisional Measures, ICSID Case No. 198, Venezuela Holdings B.V. and others (formerly Mobil Corporation and others) v. Bolivarian Republic of Venezuela, ICSID Case No. 4 (Interim Measures), 27 February 2020, paras. v. Republic of Peru ICSID Case No. This paper will discuss a number of provisions under the Evidence Act 1995 that deal with the use of documents, during both cross-examination and examination-in-chief, in criminal proceedings. 33, William Ralph Clayton and othersv. Government of Canada, PCA Case No. 20;Riverside Coffee, LLC v. Republic of Nicaragua, ICSID Case No. Section 9-11-124 - Form of motion for production of documents under Code Section 9-11-34 IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Plaintiff ) ) v. ) Civil action ) File no. ICC Commission Report: Decision on Costs in International Arbitration, ICC Dispute Resolution Bulletin, 2015, Issue 2. 2, 6 March 2017, p. 2. 4, 23 February 2015, para. 32; Methanex Corporation v. United States of America, Final Award, 3 August 2005, Part II, Chapter B, para. 198. Theodoros Adamakopoulos, Ilektra Adamantidou, Vasileios Adamopoulos and others v. Republic of Cyprus, ICSID Case No. v. Bolivarian Republic of Venezuela ICSID Case No. Jencks material is evidence that is used in the course of a federal criminal . 1-6;The Prague Rules, 2018, Article 4.3-4.4. 38. C.D., ) Defendant ) MOTION FOR PRODUCTION OF DOCUMENTS Plaintiff A.B. Canfor Corporation and others v. United States of America, Procedural Order No. 10, para. It further characterizes the narrative evidence in Primary and auxiliary evidence. The HTML version of this document remains fully available on our website. ARB/13/31, Decision on Annulment, 30 July 2021, para. Proofs and pieces of evidence are highly in demand by the court to decide the case. 2, 24 May 2006, pp. 5, 9.2, International Bar Association Rules on the Taking of Evidence in International Arbitration with commentaries, 2020, Art. Aguas del Tunari S.A. v. Republic of Bolivia, ICSID Case No. production of documents: the making available by a party of documents in his possession, custody or power for inspection by the other party or for use as evidence at trial. It has become a widespread practice in international arbitration to use the so-called Redfern Schedule for this purpose.. Exploring the elements of primary and secondary evidence under Indian 10. v. Bolivarian Republic of Venezuela II, ICSID Case No. 3, 5 April 2016, para. [Last updated in September of 2022 by the Wex Definitions Team], In order for documentary evidence to be admitted at trial it must be, [Last updated in September of 2022 by the, Phillips v. Taco Bell Corp., 60 N.Y.S.3d 67, 152 A.D.3d 806, 2017 N.Y. Slip Op. v. The Plurinational State of Bolivia PCA Case No. : 1. Capital Financial Holdings Luxembourg S.A. v. Republic of Cameroon, ICSID Case No. ARB/19/31, Procedural Order No. US-Style Discovery: Good or Evil?, in Giovannini, T. and Mourre, A. 2013-22, Procedural Order No. Plama Consortium Limited v. Republic of Bulgaria, ICSID Case No. 207-210, Vctor Pey Casado and President Allende Foundation v. Republic of Chile I, ICSID Case No. ARB/15/22, Procedural Order No. The requesting partys38document requests are contained in the first column which identifies precisely the documents/categories of documents requested,39providing a short description of each document's relevance to the case and materiality to its outcome.40 It must also demonstrate that the document sought are more than likely not in possession, custody or control of the requesting party and that it would not be "unreasonably burdensome for the requesting party to produce them.41. William Ralph Clayton and others v. Government of Canada, PCA Case No. 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. 18; Latam Hydro LLC and CH Mamacocha S.R.L. Phoenix Action Ltd v. Czech Republic, ICSID Case No. 6, 6 May 2020, paras. 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. 13, 11 July 2012, paras. Fbrica de Vidrios Los Andes, C.A. 1 (Provisional Measures), 31 March 2006, paras. 7, 05 Sep 2016, Riverside Coffee, LLC v. Republic of Nicaragua, ICSID Case No. 2016-13, Procedural Order No. It is further pointed out that Section 65(a) of the Act allows the production of secondary evidence when the original is shown and appears to be in possession or power of one against whom the document is sought to be proved, or any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to