CEU Electronic Theses and Dissertations, 2016
| Author | Kekenadze, Giorgi |
|---|---|
| Title | Discovering nemo: a document production in international commercial arbitration |
| Summary | International commercial arbitration may involve not only the parties but the arbitrators who come from different jurisdictions. After comparing the perceptions of document production present in common law and civil law jurisdictions, the thesis examines the expectations of the parties in international commercial arbitration. As a result of the analysis, it is shown that despite different perceptions on document production, in international commercial arbitration the parties’ expectations is guided by the principle of cost-effectiveness. Subsequently, the thesis discusses the document production regimes offered by ICC 2012 and ICDR 2014 Rules. The thesis establishes that ICC Rules adopt flexible document production regime, while ICDR fixes criteria in its own rules. Consequently, the author comes to the conclusion that adoption of the strict document production regime as used in ICDR Rules, could preserve parties’ expectations to limit the costs of document production. However, not every party to the arbitration would be willing to give up the flexibility of arbitration. Therefore, the thesis then discusses the standards set in the soft law depicted in IBA Rules on the Taking of Evidence in International Arbitration 2010, as a possible solution for preserving flexibility and reducing the costs of arbitral proceedings. |
| Supervisor | Markus Petsche |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/kekenadze_giorgi.pdf |
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