PRODUCING UNHELPFUL DOCUMENTS

Producing Unhelpful Documents

Written by Graham Perry

Graham Perry M.A. Cantab FCIArb Experienced Arbitration Lawyer | China & Chinese Business Affairs | Public Speaker/Lecturer

11 March 2021

You are sole arbitrator. You have moved on to considering damages.
You think that both parties might be holding back market evidence they have obtained which does not support their submissions.

Do you have the authority to direct both parties to disclose all the market evidence they have obtained.

With s 34 (2) (g) of the Arbitration Act 1996 in mind, you are aware that the parties have empowered you to decide all evidential matters including which documents should be disclosed by the parties. You are also aware that you have authority to ascertain the facts.

What’s next?

You can direct the parties to disclose all the evidence they have collected. But are you going too far? Are the parties not free to hold back information that does not help them – their choice?

Let me know your thoughts – more comments in Post #28 on Saturday 13 March.

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