THE LAY JUDGE SYSTEM'S IMPACT ON ADDRESSING SEXUAL VIOLENCE IN JAPAN"

Abstract

Arbitration, a preferred alternative to court proceedings, hinges on the autonomy and flexibility granted to disputing parties. This autonomy is reflected in the arbitration agreement where parties can stipulate the governing law and the seat of arbitration. In the absence of specific clauses, the law of the arbitration's seat typically governs the proceedings. In international commercial arbitration, the primary source of resolution lies in the documentary evidence submitted by the parties. They have the prerogative to present oral or documentary evidence to support their claims or request the production of relevant documents from the other party. This right is integral to due process of law, and many international institutional arbitration rules empower the arbitral tribunal to order the production or disclosure of documents, either at the tribunal's discretion or upon party request. The extent of document disclosure in arbitration hinges on various factors, including party agreement, applicable arbitration rules, and the document's relevance to the case's outcome. Parties may employ discovery or disclosure procedures to request documents from one another. This power of arbitral tribunals to order document production is fundamental to preserving due process of law. This paper delves into the provisions granting arbitral tribunals the authority to order document production, ensuring due process of law in arbitration. It references international, institutional, and select national arbitration rules related to document production