Disclosure in arbitration for construction lawyers
Produced in partnership with Mayer Brown International LLP
Disclosure in arbitration for construction lawyers

The following Construction guidance note Produced in partnership with Mayer Brown International LLP provides comprehensive and up to date legal information covering:

  • Disclosure in arbitration for construction lawyers
  • What is disclosure?
  • Disclosure in arbitration vs litigation
  • Agreeing the rules for disclosure
  • Specific procedural rules governing disclosure
  • Key practical issues to consider
  • Conclusion

This Practice Note provides an introduction for construction practitioners to the disclosure process in the context of an arbitration, comparing it with disclosure in litigation and looking at the various procedural rules. It also sets out some practical considerations regarding disclosure in arbitration.

For further guidance on disclosure in an arbitration generally, see subtopics: AA 1996—evidence in arbitration—England and Wales and Evidence in international arbitration—overview.

What is disclosure?

Disclosure is the process by which parties to a dispute make known to each other documents which relate to the factual matrix of that particular dispute. In this context, ‘documents’ is given a broad scope and can encompass hard copy and electronic documents such as handwritten notes, drawings, emails, text messages, voice recordings and embedded data.

In principle, the purpose of disclosure is to allow the parties the opportunity to be aware of relevant evidence that either supports or weakens their case. The disclosure process allows both sides to better understand their case and helps crystallise the main areas of contention between the parties.

The scope of the disclosure process will vary substantially from case to case, depending upon the type of proceedings initiated, as well as any relevant order given by the Court or Tribunal and any agreement reached between the parties.

Disclosure in arbitration vs litigation

Disclosure in litigation is a mandatory