The provision of evidence is a key process used by court proceedings and arbitration in reaching decisions. The Procuring Authority needs to be aware of the rules of evidence that it will be required to comply with, such as providing access to witnesses. In addition, preparing for arbitration takes time as detailed evidence needs to be submitted by each party to support their arguments. Such preparation will require careful interpretation of the PPP contract, accurate records, a robust review of the Procuring Authority's liabilities and risks, and an objective assessment of the cost and time implications of the underlying cause of the dispute. This emphasises the importance of ongoing good document control by the Procuring Authority. Information management and document control is detailed in Section 3.4 (Information management).
The concept of legal privilege should also be considered. The concept can be used in many jurisdictions to protect certain documents from disclosure. However, specific conditions must be met to obtain this protection. It is important for Procuring Authorities to establish, with the benefit of legal advice, procedures to enable the use of such protections.