Newsletter-21

190 NEWSLETTER 2016 As an example, the following scenario may be contemplated: The parties to an arbitration case have disputes based on a sharehold- ers’ agreement. During the document production request phase, the respondent requests from the claimant a report prepared by a third party, upon the instructions of the claimant. The report gives some details about the valuation of the shares; therefore, it is relevant to the case and material to its outcome. The claimant objects to this request, with the argument that the report contains commercially confidential information. When the arbitral tribunal has to rule on this objection, it orders that the report should be submitted; however, subject to some limitations, such as limitations as per the audience to whom the report should be submitted, and exclusion and editing of some parts of the report that may contain commercially confidential information. Later on, the arbitral tribunal takes this report into consideration in the cal- culation of damages. This limited submission may later give rise to allegations that the respondent could not be informed about a report that was quite consequential to the case and, accordingly, to the allegation that the right to due process was infringed upon, especially if the respondent is the losing party. Limited Document Production and Enforcement Proceedings In the event that the objections to document production are suc- cessful, the arbitral tribunal will order a limited document production, or the request will be denied in its entirety. Even though the IBA Rules, as explained above, permit this limited document production, this limitation may give rise to some challenges during set-aside and enforcement proceedings. Accordingly, the party whose document production request has not been granted may bring this forward during set-aside or enforcement proceedings 3 . As far as the enforcement proceedings are concerned, the Conven- tion on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (“New York Convention”) is applied worldwide, 3 As the reasons to set-aside an arbitral award depends on the law of the seat of arbitration, only Turkish law shall be analyzed in this article.