Continuing Duty of Discovery - Chapter 25 - Handbook on International Commercial Arbitration

Author(s):

Peter Ashford

Page Count:

1 pages

Media Description:

PDF from "Handbook on International Commercial Arbitration"

Published:

October, 2009

Jurisdictions:

International

Practice Areas:

Commercial Disputes,

Practice & Procedure,

Discovery

Author Detail:

Peter Ashford is Solicitor of the Supreme Court and a Partner at Cripps Harries Hall LLP and is Head of the firm's Commercial Peter Ashford is a Partner and Head of commercial dispute resolution in the leading United Kingdom Firm of Cripps Harries Hall LLP, Tunbridge Wells, United Kingdom. Mr. Ashford advises on a wide range of commercial disputes with a particular emphasis on substantial commercial contract disputes, especially those involving an international aspect, partnership and LLP disputes, professional issues for solicitors and professional negligence. He is particularly experienced in complex, high value claims and acts for many international clients. He handles disputes in court, arbitration, mediation and disputes without any formal process. Mr. Ashford received his training in London and qualified in 1986. He joined Cripps Harries Hall LLP in 1987 and became a partner in 1991.

PDF28.64 KB

$40.00

Description:

Originally from Handbook on International Commercial Arbitration

Preview page

In common law jurisdictions discovery is widely recognised as a “continuing obligation.” The same would apply in civil law jurisdictions: if a document that came to light post-discovery is perceived to be relevant and a party wanted to rely upon it, it would and should be discovered albeit late (subject always to the right of the Arbitral Tribunal to exclude late evidence).

Article 3(10) of the IBA Rules recognises this concept that something relevant may come to light after the original round of discovery but equally seeks to prevent abuse by permitting additional disclosure after documents produced by another party, witness statements, expert reports or the submissions of another party only within a defined time period.