DOCUMENT PRODUCTION AND SANCTIONS IN THE IBA RULES ON THE TAKING OF EVIDENCE IN INTERNATIONAL ARBITRATION. A CRITICAL ANALYSIS

Giabardo C.V.; Palma A.V.P. · Quaestio Facti (2024) · DOI: 10.33115/udg_bib/qf.i7.22980

Resumen

This article aims to critically analyze document production and the sanctions for failing to comply with exhibition orders in international arbitration, with a special focus on the soft law rules elaborated by the IBA. In so doing, we will divide our analysis into two parts. In the first one, we will tackle some introductory and general aspects of the taking of documentary evidence in international arbitration, in the framework of the more general and current debate on the case-management powers of arbitrators. In the second one, we will focus more precisely our attention on the theoretical issue of the possible consequences for the failure to comply with the order of exhibit. We will criticize the so-called «adverse inference», established by art. 9(6) of the IBA Rules, due to its anti-epistemic nature, arguing, by contrast, in certain cases, its truly punitive character. © Carlo Vittorio Giabardo and Alessandro Vergel Pérez Palma.

Instituciones: Universidad Nacional Mayor de San Marcos