Discovery in construction arbitration
Series: Asian Dispute Resolution ; September 2001, 48-50(3)Publication details: 2001Subject(s): Summary: The strict observation of discovery in litigation, as required by the Rules of the High Court, may not be followed in arbitration. However, the arbitrator is empowered by Arbitration Ordinance 2GB(1)(c) to direct discovery of documents. With a view to saving costs and time most arbitrators would not order "court style" discovery. Instead, limited discovery is generally practiced with arbitrators ordering the parties to only disclose documents on which they propose to rely. Discusses the problems associated with limited discovery. Concludes that "court style" discovery is not necessarily more expensive or time consuming than limited discovery, as considerable time can be spent arguing over which category of documents should be disclosed. Stresses the importance of parties appreciating the duty of discovery, and not withholding documents that are relevant to the issues in an arbitration. Discussion relates to the UK and Hong Kong.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS64523 (Browse shelf(Opens below)) | 1 | Available | 114772-1001 |
The strict observation of discovery in litigation, as required by the Rules of the High Court, may not be followed in arbitration. However, the arbitrator is empowered by Arbitration Ordinance 2GB(1)(c) to direct discovery of documents. With a view to saving costs and time most arbitrators would not order "court style" discovery. Instead, limited discovery is generally practiced with arbitrators ordering the parties to only disclose documents on which they propose to rely. Discusses the problems associated with limited discovery. Concludes that "court style" discovery is not necessarily more expensive or time consuming than limited discovery, as considerable time can be spent arguing over which category of documents should be disclosed. Stresses the importance of parties appreciating the duty of discovery, and not withholding documents that are relevant to the issues in an arbitration. Discussion relates to the UK and Hong Kong.