The Discovery process is one of the evidentiary mechanisms that portray litigation systems of countries belonging to the common law system. Over the last few decades, its practice in arbitral proceedings has increased and this fact, we can say, has brought common law system and civil law systems a little bit closer.
The purpose of this article is, first of all, to get to know the similarities that exist between the terms discovery and disclosure. Secondly, to describe discovery´s regulation in American Law and British Law in order to analyze the main aspects of the figure and its scope in arbitral proceedings.
Finally, we will focus on the international regulation of discovery and how it works through the Schedule of Document Production called Redfern Schedule as well.
Iurgium [previously Spain Arbitration Review]