ERDEM-NEWSLETTER-2018-metin

143 ARBITRATION LAW more importance to find middle ground for the parties that have differ- ent legal backgrounds 2 . As a general note 3 , the IBA Rules set forth basic requirements under which to request production of documents. The requested docu- ments should be specific (Art. 3/3(a) of the IBARules), they should be relevant to the case and material to its outcome (Art. 3/3(b)), and they should not be in the possession, custody or control of the requesting party, nor it should be unreasonably burdensome for the requesting party to produce such documents (Art. 3/3(c)). The party receiving the request for document production may either produce the documents or make objections (Art. 3/5). If there is an objection, the arbitral tri- bunal may invite the parties to consult with each other to resolve the objection. If it cannot be resolved, the arbitral tribunal will rule on the objection, by considering both the request to produce documents and the objections. If the arbitral tribunal orders the production of docu- ments, the party to whom the request is addressed is under obligation to produce the documents (Art. 3/7). As document production has become burdensome for arbitra- tors, there are different opportunities for the arbitrators to ensure the effectiveness of these proceedings, such as appointing an expert to decide on the relevancy of documents, and whether the production of documents would cause an unreasonable burden, and whether they are confidential or privileged 4 . 2 It is worth noting that based on the criticism that the IBA Rules adopt mostly a common law approach, as an alternative to the IBARules, a draft of the Inquisito- rial Rules on the Taking of Evidence in International Arbitration, also named as the Prague Rules, have been drafted, to be launched by the end of 2018; Birengel, Tilbe : “The Prague Rules on the Taking of Evidence in Arbitration, Erdem & Erdem Newsletter, July 2018. 3 Babur, Ezgi : “ Document Production Requests Pursuant to IBA Rules on the Taking of Evidence in Internat ional Arbitration –I ”, Erdem & Erdem Newsletter, January 2016, and “ Document Production Requests Pursuant to IBA Rules on the Taking of Evidence in Internat ional Arbitration –II ”, Erdem & Erdem Newsletter, May 2016. 4 Hans van Houtte : Document Production Master and Expert’s Facilitator, in In- side the Black Box: How Arbitral Tribunals Operate and Reach Their Decisions, ASA Special Series No. 42, p. 83 et seq.