Volume 7 (2010) / Issue 26
ABSTRACT: This article analyses the content and the scope of discovery in arbitration, as an accepted means of evidence. Based on technical reasoning and using a comparative approach to both common law and civil law, its author describes the fundamentals to understand this evidentiary mechanism in arbitration proceedings; an understanding that includes the identification of those recommended requirements for being granted in the course of any arbitration - whichever its nature or character - and the detection of foreseen difficulties, which may arise during its application. Its author explains the main components of discovery in arbitration and characterizes its five distinctive principles, the practical relevancy of its limited application in arbitration proceedings and its using guidelines for both arbitrators and parties.
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