OS PODERES INQUISITÓRIOS DO TRIBUNAL ARBITRAL EM MATÉRIA DE PRODUÇÃO DE PROVA

Abstract

The issues concerning the clash between the private autonomy of the parties and the powers of the arbitral tribunal in the production of evidence are not new, but the growing institutionalisation of arbitration (both domestic and, above all, international) has raised new issues and determined that arbitral institutions are increasingly attributing more and more powers to the arbitral tribunal in the way it conducts the arbitration proceedings. For this reason, this article revisits this issue, refocusing on the relevance of the party autonomy and redefining its limits, in a world where arbitral institutions are playing an increasingly important role, not only because of the important soft law they have been issuing, but also, and above all, because of the increased level of professionalism, specialisation and sophistication of the arbitrations they conduct.