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