000			01718cam a2200265 4500
001			ABS64523
008			010921n2001 000 0 eng u
035			_a(Sirsi) u114772
100			_aCheung, K.K.
245			_aDiscovery in construction arbitration
260			_c2001
490			_aAsian Dispute Resolution _vSeptember 2001, 48-50(3)
520			_aThe 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.
590			_aABS
650			_aUNITED KINGDOM
650			_aHONG KONG
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650			_aDISCOVERY
650			_aDISCLOSURE OF DOCUMENTS
650			_aARBITRATION ORDINANCE
650			_aCONTRACTORS
650			_aBUILT ENVIRONMENT
690			_aDispute resolution _96236
942			_n0
999			_c68334 _d68334