Annotation

The article analyzes the criteria for the admissibility of evidence obtained and presented in the framework of “document discovery” / “document production” procedures in international arbitration. Special attention is paid to the normative and doctrinal grounds of admissibility, the role of soft law (IBA Rules on the Taking of Evidence, Prague Rules), as well as typical patterns of abuse of law that arise when requesting and submitting documents. The article proposes the concept of “invariant determinants” of abuse of rights, which are stable characteristics and motives that manifest themselves regardless of the applicable law and institutional regulations, and formulates practical criteria for arbitration tribunals in assessing the good faith of the parties' procedural behavior.