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- Title
English and Indian legal perspective on third-party disclosure in arbitration: it is time to assimilate third party into the family of arbitration.
- Authors
Ullah, Ikram
- Abstract
Arbitration is recognized as a trustworthy and reliable way of rendering justice. But, there may be instances in which the cases are not decided on sufficiently required amount of evidence and this will tarnish the reputation of arbitration. This is the case when the evidence required in arbitration proceedings is in the possession of a nonparty because in this case, if the party to the arbitration cannot narrate the documents with high specification, the English courts will not only refuse to lend its support for disclosure from the third party, but will also express its inability to fulfil the requests made by arbitral tribunal as well as other courts for such disclosure. The gravity of the situation becomes patent in light of the fact that in most of the cases, the party to arbitration is unable to define the documents in the possession of the third party with required particularity and can only describe them broadly with reference to some transaction or event. It becomes imperative to establish with clarity that the arbitrator has the power under English law to order the third party and to suggest guidelines for it to use while deciding the application for third-party disclosure orders. The situation is not much better in India. Despite the clarity in India's legal regime on the issue of third-party disclosure, the law needs improvements.
- Subjects
ARBITRATION &; award; JUDICIAL review of arbitral awards; DISCLOSURE laws; CONCILIATION (Civil procedure); INTERNATIONAL mediation
- Publication
Arbitration International, 2015, Vol 31, Issue 1, p127
- ISSN
0957-0411
- Publication type
Article
- DOI
10.1093/arbint/aiv013