Dispute Resolution: An Overview of Document Production in Egypt

Analysis

This article provides an overview of the principle of document production from an Egyptian Law perspective and also offers a comparison as against the International Bar Association Rules on the Taking of Evidence in International Arbitration.

Background

In common law jurisdictions, parties to a dispute disclose the documents or information in their possession that are relevant to the dispute in hand (the specific requirements differ from one jurisdiction to another). Contrary to the common law legal system, civil law jurisdictions do not normally recognise the disclosure and discovery of documents as an element of the pre-trial fact-finding process. 

The civil legal system approach mainly entails that each party to a dispute shall submit the proof supporting the position set out in the claim or defence (as applicable).