The Tribunal and the Parties shall be guided by the International Bar Association Rules on the Taking of Evidence in International Arbitration (2010) in relation to document production.
The Arbitral Tribunal shall, at the request of a Party or on its own motion, exclude from evidence or production any Document, statement, oral testimony or inspection for any of the following reasons:
(a) lack of sufficient relevance to the case or materiality to its outcome;
(b) legal impediment or privilege under the legal or ethical rules determined by the Arbitral Tribunal to be applicable;
(c) unreasonable burden to produce the requested evidence;
(d) loss or destruction of the Document that has been shown with reasonable likelihood to have occurred;
(e) grounds of commercial or technical confidentiality that the Arbitral Tribunal determines to be compelling;
(f) grounds of special political or institutional sensitivity (including evidence that has been classified as secret by a government or a public international institution) that the Arbitral Tribunal determines to be compelling; or
(g) considerations of procedural economy, proportionality, fairness or equality of the Parties that the Arbitral Tribunal determines to be compelling.
(a) whether the Parties' requests identified each document or category of documents with sufficient precision, or whether they have been overly broad.
(b) whether the Parties' request demonstrated the relevance and materiality of the document or category of documents sought to the case and its outcome.1
(c) whether the requested documents are within the possession, custody or control of the requested party.
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