Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Disclosure definition

What does Disclosure mean? Disclosure describes the process in litigation by which a party identifies, lists and, where not protected by privilege, allows inspection of documents within its control that are relevant to the issues in dispute, including confirming that a document exists or has existed. It covers paper and electronic material (ESI), and carries a continuing duty to preserve and disclose. In England and Wales, disclosure is governed by the Civil Procedure Rules: standard disclosure and inspection under Part 31, and in the Business and Property Courts, initial and extended disclosure under Practice Direction 57AD. Parties must conduct a reasonable and proportionate search, list...

Disclosure in construction arbitration: comparing litigation disclosure and navigating LCIA/ICC rules, IBA/Prague approaches and e-disclosure

Published by a LexisNexis Construction expert

Practice notes

This Practice Note offers an entry point for construction practitioners on the disclosure process in arbitration, setting it against disclosure in court proceedings and addressing the relevant procedural frameworks. It also highlights practical points to consider when managing disclosure in arbitration. For broader guidance on disclosure in arbitration, see the subtopics: AA 1996—evidence in arbitration—England and Wales and Evidence in international arbitration—overview.

What is disclosure and why is it an issue in construction arbitrations?

Construction projects generate vast volumes of documents, and the sector’s heavy dependence on technology for communication, planning and project management results in extensive electronically stored information (ESI). This can encompass, for example, electronically executed contracts, programmes, and communications hosted on online platforms, including Microsoft Teams and other messaging applications. Extracting the relevant material from what may amount to millions of electronic files and terabytes of data is critical in construction disputes, given the complexity, scale and involvement of multiple parties typical of such projects and their consequent disagreements. The exercise of identifying, reviewing and presenting the necessary evidence frequently imposes a significant financial burden on the parties involved...

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Web page updated on 21/05/2026

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