Newsletter-21

199 ARBITRATION LAW Pursuant to this provision, the grounds for objection are as fol- lows: - Lack of sufficient relevance or materiality, - Legal impediment or privilege, - Unreasonable burden to produce the requested evidence, - Loss or destruction of the document, - Commercial or technical confidentiality that the arbitral tri- bunal determines to be compelling, - Special political or institutional sensitivity, - Considerations or procedural economy, proportionality, fairness or equality of the parties that the arbitral tribunal determines to be compelling. Pursuant to Art. 9.4 of the Rules, if the arbitral tribunal deems it appropriate, it may make the necessary arrangements to permit evi- dence to be presented or considered, subject to suitable confidentiality protection. This would give the parties the opportunity to have access to the relevant documents, while taking confidentiality concerns into account for the counterparty. Arbitral Tribunal’s Document Production Order In the event that the parties cannot resolve the objection, either party may request the arbitral tribunal to rule on the objection. The arbitral tribunal shall, in consultation with the parties, consider the document production request and the objection thereto. Pursuant to Art. 3.7, the arbitral tribunal may order production of the documents sought in the request to produce only if it is convinced that (i) the issues that the requesting party wishes to prove are relevant to the case and material to its outcome, (ii) none of the reasons for objection set forth in Article 9.2 applies, and (iii) the requirements of Article 3.3 have been satisfied 3 . 3 As analyzed in our Newsletter article of January 2016, document production re- quests should contain the requirements laid down under Art. 3.3, which pertain to