Independence of Arbitrators
A Special Supplement to the ICC International Court of Arbitration Bulletin
ICC Publication No. 690, 2007 Edition
Independence is an essential requirement of anyone called upon to judge the opposing claims of parties in dispute. In arbitration, this requirement has particular significance and raises special issues, due to the very nature of a procedure in which party autonomy has pride of place.
Independence of Arbitrators illustrates and elucidates many of the practical issues flowing from this requirement, while at the same time offering philosophical and comparative perspectives on the subject.
Documentary proof is the principal form of evidence used in international commercial arbitration. As the quantity of documents produced increases, practitioners are today asking themselves how best to approach the document production process in arbitration. Document Production in International Arbitration addresses this crucial question by providing an overview of law and practice in different parts of the world and offering suggestions on how to achieve greater efficiency. Produced under the auspices of the ICC International Court of Arbitration, this volume comprises eleven articles by some of today’s foremost international arbitration specialists. They discuss many of the most pressing issues in the field of document production. The contributions cover both the common law and civil law traditions and contain reflections and recommendations that will be invaluable to arbitration users worldwide.
Topics covered include:
the standards and criteria document production requests need to meet,
discovery and the scope of document production,
document production procedure and timing,
burden of proof, confidentiality and privilege,
State court assistance with document production,
sanctions for non-compliance with document production orders,
the use of technological resources to aid document production.