Newsletter-21

188 NEWSLETTER 2016 Document Production Requests in International Arbitration and Due Process Concerns* Prof. Dr. H. Ercument Erdem Document production requests in international arbitration play an important role, since they ensure that the parties have access to docu- ments that are not in their possession, in order to provide sufficient proof for their claims. In parallel with this important role, document production requests are closely related to the parties’ right to due pro- cess, since the documentation of an issue may totally depend on a document production request. An unsuccessful document production request may give rise to claims of infringement of the right to due process, and may even lead to requests to set-aside, or grounds for non-recognition or non-enforce- ment of the arbitral award, which makes it an important concern for parties, as well as arbitrators. The link between document production requests and concerns of right to due process shall be analyzed in this article. In General In international arbitration, document production requests are usually conducted pursuant to IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules” or “Rules”). In the foreword of the Rules, it is emphasized that the Rules aim to provide a resource to parties and arbitrators to ensure an efficient, economical and fair process for the taking of evidence in international arbitration. 1 Accord- ingly, fair process is a major subject in the IBA Rules. * Article of September 2016 1 Foreword of the IBA Rules. Source :http://www.ibanet.org/Document/Default. aspx?DocumentUid=68336C49-4106-46BF-A1C6-A8F0880444DC.