Commercial arbitrations are document-heavy. Contracts, correspondence, invoices, technical reports, minutes of meetings and emails can easily reach several thousand pages. How these documents are organised can make the difference between a hearing that runs smoothly and one that stalls.
Start early. As soon as a dispute arises, identify and preserve relevant documents, including emails and messages on personal devices used for business. Stop routine deletion of relevant records.
Create a chronology. A master chronology linking each key event to the supporting document is the single most useful tool in a commercial arbitration. It helps counsel, witnesses and the tribunal follow the story.
Agree a document protocol with the other side and the tribunal at the first procedural hearing: numbering conventions, electronic bundles, how documents will be exchanged, and how they will be displayed at virtual or hybrid hearings. A consistent paginated electronic bundle avoids confusion at the hearing.
Document production requests should be specific and proportionate. Tribunals are unwilling to order broad fishing requests; requests that identify narrow categories of documents and explain why they are relevant and material are much more likely to succeed.
Finally, keep the record secure. Institutional arbitration with secure document storage and a registry-maintained record reduces disputes about what was filed and when.