Refusal to Surrender Evidence

Whether in litigation or arbitration, either party may request the other party to surrender any evidence that is under the control of the opposite party, and the opposite party is obliged to surrender such evidence.

If the other party who controls the evidence refuses to surrender, the requesting party may submit a petition to the tribunal or court to order the controller to surrender such evidence. The tribunal or court may order the controller to surrender the evidence under his control, and the controller shall surrender the evidence as ordered.

If the controller refuses to surrender the evidence absent good cause shown, and the party who bears the burden of proof for a fact to be proved claims that the content of the evidence is not favorable to the controller, the other party’s claim will be deemed established, and the controller will bear the adverse consequences for refusing to surrender the evidence.