On 9 September 2025, the ASA’s User Council released a whitepaper entitled “Taming the Beast”, addressing the growing challenges associated with document production in international arbitration. The publication reflects widespread dissatisfaction among arbitration users, who view document production as an increasingly burdensome exercise, leading to delays and disproportionate costs.
The whitepaper observes that the <span class="news-text_medium">IBA Rules on the Taking of Evidence</span> remain the primary framework for document production but suggests that they are often applied more broadly than originally intended, with insufficient attention to the requirement of materiality. It also notes the divide between common law and civil law approaches, which has further complicated practice.
ASA puts forward a series of recommendations. For parties, it suggests agreeing in advance on measures to restrict document production in arbitration agreements, ranging from excluding it altogether to limiting the number or type of requests and allocating costs to the requesting party. For tribunals, the paper advocates a more active role, including early timetabling, encouraging restraint, convening case management conferences for specific requests and capping the scope of disclosure. On technology, the whitepaper highlights the potential of AI tools to improve efficiency, particularly in identifying privileged or confidential material.
While it remains uncertain whether these proposals will influence arbitral institutions or gain widespread acceptance, the whitepaper provides a detailed and practical roadmap aimed at rebalancing efficiency and fairness in the use of document production.
You can reach the full White Paper <a href="https://www.swissarbitration.org/taming-the-beast-a-whitepaper-on-document-production/" target="_blank" class="news-text_link">here</a>.
