edisclosure myth or reality? » Laws

Enforcing Arbitration Awards under the New York Convention: Experience and Prospects -1998

Mon, 21 Jan 2008 17:29:52 +0000

Pdf article on the papers presented at ‘New York Convention Day’, a colloquium held in New York on 10 June 1998 to celebrate the 40th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded on 10 June 1958.

THE FEDERAL ARBITRATION ACT

Fri, 04 Jan 2008 15:21:29 +0000

The provisions at the Federal Arbitration Act

For explanations on the US Code and for information about the schedule of Supplements etc.

Checkout information on the unclassified changes i.e. changes that have not yet made it into the classification tables.

Under the English Arbitration Act 1996 – disclosure of documents

Fri, 04 Jan 2008 00:19:20 +0000

Disclosure under section 34(2)(d)

The arbitral tribunal has the power to order disclosure and has a discretion to decide ‘whether any if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage’.

There is no limitation regarding the types of documents. The tribunal must avoid unnecessary expense (section 33(1)(b)) and tailor the order for disclosure to fit the circumstances of the case.

Also for tribunal applying the English procedural law, the new CPR PART 31 and the Practice Direction 31 for the rules on disclosure and electronic disclosure in court proceedings will be relevant