In the last issue, the author considered China International Economic and Trade Arbitration Commission’s (CIETAC) new Evidence Guidelines in light of International Bar Association’s (IBA) Rules on the Taking of Evidence in International Arbitration in CIETAC evidentiary rules suit Chinese practice. The article reviewed areas of overlap, including rules on burden of proof, time limits for evidentiary submission and witness testimony.
This article considers additional overlapping areas in the evidentiary guidelines, including requests to produce evidence – a new feature for arbitrary practice in China.
Request to produce
In common law jurisdictions, evidence, including electronic evidence, has been widely accepted. Article 3 of the IBA rules sets out a similar provision: Within the time ordered by the arbitral tribunal, any party may submit a request to produce to the tribunal or to the other parties, requesting that opposing party produce certain kinds of documentary evidence.
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Xu Guojian is an arbitrator at CIETAC. He is also the managing partner of Boss & Young, and vice chairman of the China Society of Private International Law
