About this Seminar:-

The principal rules that set out the criteria for document production are found in Articles 3 and 9 of the IBA Rules on the Taking of Evidence in International Commercial Arbitration 2010. While these Articles are valuable guidance to practitioners for establishing some rules for compulsory document production, they do not afford a complete vade mecum to this issue. 

The thesis for this talk will be that requests for document production are often overly sweeping in their scope for documents requested. On many occasions such a broad ranging request is initiated by the requesting party asking for documents which may or may not exist, and the requested party declines production, giving reasons why it is not appropriate for such documents to be produced without even indicating whether all or any of the requested documents even exist.

The talk will therefore suggest that the document production process often ought to be broken down into two stages. The first stage would be for the requesting party to seek knowledge about the extent and scope of the relevant documents in the possession of the other party by the delivery of interrogatories asking whether certain specific documents exist, and the second stage would be to follow up with a second request for documents which are admitted to exist.

Seminar Programme:- 

About the Speaker:  

Michael Hwang S.C. currently serves as non-resident Chief Justice of the Dubai International Financial Centre Courts. He has two law degrees from Oxford University, where he was a College Scholar. His primary practice is in international dispute resolution as arbitrator and mediator. He is based in Singapore but has door tenancies in London and Sydney.

He has served in various capacities, including Judicial Commissioner of the Supreme Court of Singapore; Singapore’s Ambassador to Switzerland; President of the Law Society of Singapore; Adjunct Professor, National University of Singapore; Commissioner of the United Nations Compensation Commission (“UNCC”); Vice-Chairman of the ICC International Court of Arbitration; Vice-President of the International Council for Commercial Arbitration (“ICCA”); and Court Member of the London Court of International Arbitration (“LCIA”). 

About the Chairperson:  

Leng Sun heads the Dispute Resolution practice in Baker & McKenzie.Wong & Leow and is Baker & McKenzie’s Asia Pacific Head of International Arbitration Practice. He is qualified in Malaysia, Singapore and England. Leng Sun was appointed Senior Counsel in January 2011. In addition to years of experience in maritime-related work, he has a broad commercial practice that covers international trade, insurance and company law. Leng Sun is President of the Singapore Institute of Arbitrators (SIArb). He is a Chartered Arbitrator and is also on the panel of leading arbitral institutions. He is a Chairperson of the arbitration panel jointly appointed by the EU and Korea under the Korea-EU FTA. He is the Deputy President of the Maintenance of Parents Tribunal. Leng Sun was a legal officer of the United Nations Compensation Commission in Geneva and a SIAC-CIAC Observer to the UNCITRAL Working Group on Arbitration. He is the author of the book Singapore Law on Arbitral Awards and CoEditor of Conflict of Laws in Arbitration. 

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