We advise on arbitration procedure and evidence including document production, witness testimony, expert evidence, and hearing conduct under various institutional and ad hoc rules.
Arbitration procedure differs from litigation. MC Law's Procedure and Evidence practice develops effective procedural strategies suited to arbitral process.
Arbitration procedure is largely party-determined. We negotiate procedural orders, advocate for favorable procedural frameworks, and adapt strategies to different procedural approaches. We understand how institutional rules and IBA Guidelines shape procedure.
Parties may adopt the IBA Rules on the Taking of Evidence, the Prague Rules, or develop bespoke procedural orders. Unlike domestic litigation, arbitration allows tribunals significant discretion in managing evidentiary matters.
Document production is typically narrower than common law discovery. Requests must identify specific documents or categories, demonstrate relevance and materiality, and show the documents are not in the requesting party's possession. The Redfern Schedule is commonly used.
Arbitral tribunals generally cannot compel third-party witnesses. Party witnesses typically submit written witness statements as direct testimony. Courts may assist with witness compulsion under some national arbitration laws.
Experts provide opinions on technical, financial, or legal issues. Parties may appoint their own experts, and tribunals may appoint independent experts. Expert evidence is often presented through written reports followed by oral examination or witness conferencing.
The initial procedural conference establishes the timetable, rules of procedure, document production scope, hearing dates, and other procedural matters. It is a critical opportunity to shape the proceedings and should be prepared for carefully.
Order attorney-drafted documents related to this practice.
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