Document production in commercial arbitration

Time18.00–21.00 on Thursday 16 February 2017

PlaceNäringslivets hus, Storgatan 19, Stockholm

The topic of the next SAA seminar, to be held at 6 pm on 16 February, is document production in
commercial arbitration, primarily international arbitration. The seminar will take the form of a
moderated discussion between supreme court justice Johnny Herre, Patrik Lindfors of Lindfors &
Co, Helsinki, and James Hope of Vinge. The discussion will be moderated by SAA president
Christer Danielsson. Specifically, the panel plans to discuss inter alia the following questions:
 
Pros and cons with the use of Redfern schedules.
 
Does the tribunal´s decision on production requests need to be motivated? How should the tribunal
act when the request is too broad but it seems clear that certain documents falling within the request
are relevant and should be produced?
 
Production issues often come up in the early phase of proceedings. How should the tribunal go about
deciding if a requested document is relevant and material?
 
What do we mean when saying that a request is a ”fishing expedition” and why shall ”fishing
expeditions” not be allowed?
 
Is it meaningful for a party to argue on the basis of the rules concerning ”edition” in the Code of
Judicial Procedure in Swedish seated international arbitration? In domestic arbitration, should the
rules in the Code of Judicial Procedure be applied in the same manner as in a court case?
 
How to deal with claims that a specific document cannot be produced because it contains business
secrets or that it cannot be produced due to legal privilege?
 
Could refusal by the tribunal to grant a production request ever lead to the award being vacated after
challenge?
 
Does refusal to produce a document risk creating an image problem for the refusing party among the
arbitrators and under what circumstances are negative inferences motivated?
 
The seminar will take place at Storgatan 19, Stockholm, and will start at 6 pm. After the seminar, a
light meal and drinks will be served. If you wish to attend please register by e-mail to
info@swedisharbitration.se no later than 10 February 2017. Participation is free of charge for SAA
members.