Part IV Proving Your Case, 9 Documentary Evidence and Document Production

Subject(s):

Witnesses — Privilege — Production of documents

This chapter provides an overview of issues relating to documentary evidence and document production. In any investor-state arbitration case, each party is responsible for producing the evidence required to prove its case. This evidence can be introduced either through the production of documentary evidence or through witness testimony. Similarly, a party may need certain documents from opposing counsel. Here, the fundamental understanding of the term ‘document’ is not restricted merely to ‘paper’—to actual documents written in words. Documentary evidence can appear in a wide range of styles (such as drawings, emails, pictures, charts, graphs, and many more) and a wide range of forms (physical, audio, visual, electronic, and more).