The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration - Chapter 5 - Comments on Some Aspects of Chapter V: The Production of Documentary Evidence and Privilege
Jean-Gabriel Castel is an Officer of the Order of Canada, Chevalier de la Légion d’honneur, Q.C., J.D. (Mich.), S.J.D. (Harv.), licencié en droit (Paris I), Docteur. h.c. (Aix-Marseille), Distinguished Research Professor Emeritus, Osgoode Hall Law School, York University, Toronto, and international Arbitrator.
One of the most difficult and often frustrating tasks faced by arbitrators when conducting arbitral proceedings has been that of dealing with the production of documentary evidence, especially the question of attorney-client privilege and its waiver. These topics are not covered by the rules found in the 1985 UNCITRAL Model Law on International Commercial Arbitration, as amended in 2006 (Model Law),1 which apply to international commercial arbitration, and in the 1976 UNCITRAL Arbitration Rules, as revised in 2010, 2 which generally apply to international investment disputes. Nor are they covered by the rules of arbitral institutions. This short presentation will address these topics and suggest that they should become part of an annex to the 1985 Model Law, as amended in 2006.
Documents are of primary importance in commercial matters and will be relied upon heavily in international commercial arbitrations. They are the best evidence when contemporary to the events giving rise to the dispute that is the object of the arbitration.
Table of Contents:
PART II: RECURRING ISSUES-PRE-AWARD
Chapter 5 Comments on Some Aspects of Chapter V: The Production of Documentary Evidence and Privilege Jean-Gabriel Castel