NEWSLETTER-2020-metin
214 NEWSLETTER 2020 of the parties, because the arbitral tribunals generally lack coercive powers when the parties fail to comply with their instructions. Even though the tribunals cannot force the parties or third parties to produce documents against their will, the arbitrators, or the parties upon the approval of the tribunal, may seek assistance from judicial authorities for the taking of evidence and production of documents. If the party insists on refraining from producing evidence or docu- ments despite a court order, the applicable laws generally provide for adverse inference, as is the case with the Prague Rules, or may impose disciplinary fines on the non-complying third party.
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