Newsletter-21

197 ARBITRATION LAW Document Production Requests pursuant to IBA Rules on the Taking of Evidence in International Arbitration – II* Att. Ezgi Babur von Schwander The International Bar Association (“IBA”) Rules on the Taking of Evidence in International Arbitration (“IBARules” or, “Rules”) are, without any doubt, a point of reference in the taking of evidence in international arbitrations. The IBARules serve as a harmonization tool as well, especially when parties and arbitrators come from different legal systems. The general framework and principles of the provisions of the IBARules on document production requests have been analyzed in our January, 2016 article. In this article, the procedure and the grounds for objection to document production requests under Art. 9.2, by means of reference made by Art. 3.5 of the Rules, shall be analyzed. In General Objections to document production requests under the IBA Rules are regulated under Art. 3.5 - Art. 3.7 of the Rules. Accordingly, pursu- ant to Art. 3.5 of the IBA Rules, if the party to whom the request to produce is addressed has an objection to some or all of the documents requested, it shall state the objection in writing to the arbitral tribunal and the other parties within the time ordered by the arbitral tribunal. The reasons for such objection shall be any of those set forth in Art. 9.2, or a failure to satisfy any of the requirements of Art. 3.3. These reasons for objection under Art. 9.2 shall be analyzed, be- low. * Article of May 2016