Access to evidence in commercial arbitration

Michael Stürner and Johannes Landbrecht

Chapter 9 in Access to Evidence in Civil Procedure, 2026, pp 225-251 from Edward Elgar Publishing

Abstract: The disputes underlying most commercial arbitration proceedings are contractual in nature. Therefore, the parties to the proceedings usually have sufficient access to all the relevant evidence. In addition, arbitral tribunals can make all parties contribute to the evidentiary record, irrespective of whether it suits a party's own case, in particular through document production orders. Access to evidence in commercial arbitration is thus primarily ensured by the arbitral tribunals themselves. Where a tribunal's authority reaches its limits, state courts can in addition ensure access to evidence, thus supporting commercial arbitration proceedings and implementing the overarching principles of a right to a fair trial and the right to be heard.

Keywords: Commercial arbitration; IBA Rules; Court assistance; Adverse inferences; Document production (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336128
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