Expansion of Discovery in International Construction Arbitration

W Stephen Dale

November 2012

A paper presented to the International Construction Law Conference held in London on 24th September 2012

W Stephen Dale looks at how discovery issues are dealt with in the most common institutional forms of international arbitration in construction and infrastructure cases. He assesses the trend towards an increase in the scope of discovery, in part encouraged by domestic traditions within the USA, considering what impact this might have on the attractiveness of arbitration generally.

Introduction: is arbitration falling out of favour? - Construction disputes - Discovery in international arbitrations - Institutional rules - International Chamber of Commerce - International Centre for Dispute Resolution - London Court of International Arbitration - Other discovery basics - Procedural guidance: the IBA Rules - Alternative means of discovery: tribunal-appointed experts - Other considerations - Conclusions.

W Stephen Dale is an assistant general litigation counsel at Parsons Brinckerhoff, in Washington DC, United States of America.

Text 14 pages