Disputes over documentary evidence in arbitration
Produced in partnership with Simmons & Simmons
Disputes over documentary evidence in arbitration

The following Arbitration practice note produced in partnership with Simmons & Simmons provides comprehensive and up to date legal information covering:

  • Disputes over documentary evidence in arbitration
  • Resolving disputes over production of documentary evidence
  • Between the parties
  • By the tribunal
  • Consequences of non-compliance with order to produce
  • English-seated arbitrations—assistance from the courts

This Practice Note considers disputes over documentary evidence in arbitration proceedings. It should be read, where relevant, in conjunction with Practice Note: Document production in international arbitration—a practical guide.

Once each party has submitted the documents it relies on with its initial written submissions in the case (as discussed in Practice Note: The role of documentary evidence in arbitration), there is usually an opportunity for each party to request documents from the other side. That party will then either provide the documents or object to providing them. Common grounds for refusal are:

  1. privilege

  2. the request is too broad and/or is of insufficient relevance to the issues in dispute

  3. the document no longer exists or is not in the party’s control

  4. the request is too onerous either in terms of time or money

The parties should try and resolve any disputes themselves but, failing that, they can apply to the tribunal for an order. It is common for a tribunal to order the exchange of requests and objections in the form of a Redfern schedule. Upon completion, this will be submitted to the tribunal to decide upon any requests over which the parties cannot agree—see Precedent: Redfern schedule—arbitration.

Note: issues may arise in this context as a result of the requirements to protect personal data under data protection provisions such as the Retained General Data Protection Regulation, Retained

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