Suisse : le tribunal fédéral confirme le droit de l'arbitre de tirer toute conséquence du refus d'une partie de produire des documents - RDE 07-234
Auteur | Legal News |
Le Tribunal fédéral devait se prononcer sur une demande d'annulation d'une sentence arbitrale relative à un litige opposant un agent commercial à son mandant. Dans ce type de litige, le mandant et/ou le mandataire demande généralement la production de documents relatifs aux ventes sur le territoire du mandataire. La partie concernée est parfois réticente à produire ces informations, mais il est conseillé de se conformer à toute décision prise par le tribunal arbitral en ce sens. En effet, le tribunal peut tirer toute conséquence du refus d'une partie de produire des documents, et conclure ainsi à la réalité des événements dont l'existence est alléguée par l'autre partie. En l'espèce, le tribunal s'était fondé sur les "IBA Rules on the Taking of Evidence in International Commercial Arbitration" pour tirer toutes les conséquences du refus du mandant de produire certaines informations ; les juges affirment que le mode opératoire retenu par les arbitres ne constituait pas une violation du droit d'être...
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