In the last few decades the development and global recognition of arbitral process led to increasing number of disputes being resolved by international arbitration. Availability, speed and flexibility of the arbitral process are the main characteristics that interest and in lot of cases convince parties to resolve their disputes trough international arbitral tribunals. However one of the main reasons for the global appeal of international arbitration is the simplicity of resolving disputes coming from different countries and consequently different jurisdictions.
Although international arbitration undergo an extensive harmonisation process through last few decades, the evidentiary procedure still opens important questions as the two world’s largest law traditions look on it in different ways. Principles and rules on document production are entirely different in common law and civil law systems. Nevertheless, slight rapprochements between the systems could be observed during the last decades.
For arbitration practitioners, the understanding of both civil law and common law concepts is of paramount importance therefore this work will try to present the different views on document production in international arbitration and how international arbitration is reaction on this ‘clash’ of common law and civil law understanding and expectations of document production.