Document Production in Scandinavia

Abstract

Documents are the most important source of evidence the parties to an arbitration may have available to them. However, it is not always the case that the parties to an arbitration have all the documents required to plead the case as they would like. For this reason, a party may have to request the production of documents from the opposing party or parties in order to illuminate its case.
A proper document production phase may substantively affect the outcome of the dispute. However, document production procedures may also be abused, e.g., as a procedural tactic to impose costs, delay, and undue burdens or in an attempt to substantiate a case which, from the outset, was not supported by documentary evidence available to the requesting party. A common understanding of the correct application of the document production rules is, therefore, important.