An arbitration team of ours from Latvia is representing a client before Stockholm’s Chamber of Commerce Arbitration Institute (SCC) during arbitration proceedings against its former contractual partner. The construction dispute showcases the negative aspects of using complex patent-protected construction materials if the other party fails to fulfil its obligations properly during the fulfilment of the latter stages of the contract. The dispute is governed by the UN Convention on Contracts for the International Sale of Goods (CISG).

The team has finished a stage of extensive document production while continuing work on written submissions for the proceedings.

The document production stage during arbitration proceedings is an interesting and important, though optional, part of the proceedings. In this case, it has been proven once again that its use depends on the cultural differences and legal traditions of the parties and their willingness to complicate proceedings. Each party can request the opposing party produce specific documents during this stage. The request must be exact and identify a specific category of documents, and the requesting party must explain how these documents are relevant to the case and its outcome. If a party is using this tool broadly as a means for a “fishing expedition”, they may well receive so much information that the cost of processing it exceeds the benefit gained.

The IBA Rules on the Taking of Evidence in International Arbitration provide guidance on the legal grounds for objecting to document production requests. For example, a party can object to a document production request if the requested documents are irrelevant to the case or the production of these documents unreasonably burdens the producing party.

During this stage, parties can obtain essential evidence for their position in the arbitration proceedings.

Our arbitration team

Our arbitration team from Latvia, in this case, consists of partner Valts Nerets, senior associate Agita Sprūde and associate Elvis Grinbergs.