Reception of Evidence in International Commercial Arbitration: Bangladesh Perspective
In the case of discovery most of the institutional arbitration rules grant the arbitral tribunal the right to order the production of documents but the scope of discovery varies as to how the evidence gathering process should be conducted. In most of the civil law countries restrictive approach is being applied towards discovery whilst in common law countries may have absolute rights to access the documents of opposing party. Rules of Arbitration of the Bangladesh Council of Arbitration (BCA) 2004 are silent about the procedure of discovery.
This paper will discuss the evidence rules which should be applied in the Bangladesh arbitration community in relation to discovery together with the IBA Rules of Evidence 2010. Further, it will discuss the future prospects for the IBA Rules of Evidence as persuasive principle in conducting arbitration in Bangladesh.
Source: Frenkel, A. David and Papanikos, T. Gregory, Proceedings of the 8th Annual International Conference on Law , 8th Vol.