Almost a decade ago, U.S. courts seemed to view with reluctance court-ordered production of evidence in light of the particular nature of international arbitration and the preservation of the efficiency and cost-effectiveness of the arbitral process.
Notwithstanding the strong tradition of judicial intervention in the United States, the courts favored a restrictive approach to judicial intervention in international arbitration for the gathering of evidence, leaving the control of the arbitral process, including the production of evidence, to the arbitrators (see E. Gaillard, “Court-Ordered Production of Evidence,” NYLJ, April 1, 1999; see also E. Gaillard and J. Savage (eds.), “Fouchard Gaillard Goldman on International Commercial Arbitration,” Kluwer, 1999, ��1302-1345).
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