Recent developments coming from the International Bar Association (IBA) which I find worth noting are the ‘Draft revised IBA Rules on the Taking of Evidence in International Arbitration’ and the ‘IBA Guidelines for Drafting International Arbitration Clauses’. For folks familiar with the IBA website, the pdf versions may be located via their search tool.
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I noticed the use of the terms ‘E-Discovery’ and ‘Electronic Disclosure’ and ‘Information Exchange’ for the May Conference in the Hague. See the programme listed at The University of Texas at Austin School of Law.
Yes! E-Discovery and E-Disclosure or Information Exchange or handling electronic data or digital evidence are getting their footprints at the beautiful […]
In arbitration, inaccessible data is data to be discovered and produced as shown in the Cassondra Todd v Guidance Software case. There’re several reports on this case which you can search via google. This report (also tweeted) gives a best guess of the timeline of the events, which I find handy to scan, read and […]
For general resources related to Alternative Dispute Resolution, do check out at my networking iADRt site. Do please join iADRt. You may join as a guest of iADRt or better still become a sponsor and get your company name/logo on the iADRt site.
Data is contagious and any attempt to categorise or organise ‘data’ may […]
I’ve just re-read the conclusion in my research paper published here.
In the litigation arena, I have found that there are many more blogs on various aspects of ediscovery coming from the US and still hardly any blogs from elsewhere. Worldwide searching/linking is still lopsided when it comes to online knowledge and information distribution. Perhaps the […]
The announcement at the ICC website on ‘Task Force on Production of Electronic Documents in Arbitration’ appears to me to be the start of more Task Forces to come.
I do not know why the ICC specifically use the term ‘Production’. Why not just a Task Force for electronic disclosure or electronic documents?
I fear that by […]
I am rather pleased to announce that the Chartered Institute of Arbitrators (CIArb) will publish my condensed dissertation, titled : Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration in The International Journal of Arbitration, Mediation and Dispute Management, Sweet & Maxwell, Volume 74 Number 4 November 2008.
When I started on my research back in October […]
“Electronic discovery is a tool to help resolve a dispute and should not be viewed as a strategic weapon to coerce unjust, delayed, or expensive results.” - From the Sedona Conference
Electronic discovery/disclosure is an evolving field and has already raised and heightens multiple legal, security, and personal privacy issues, many of which have yet to […]
The other article (which was referenced in my dissertation) was posted here under the title: WHERE NEITHER THE IBA RULES NOR U.S. LITIGATION PRINCIPLES ARE ENOUGH
Just recently my friend, Martin (another ex-student of QM) pointed out another article in the International Journal of Arbitration, Mediation and Dispute Management, Vol 74, Number 1, February 2008 issue, […]
I was at the ICC Arbitration Day event in Paris last week. Thanks to Ms. Mireze Philippe at the ICC for her company and lunch.
The mock arbitration was well organised with two sittings comprising of well known arbitrators, lawyers and also a barrister. Only one of the parties was not a lawyer. The participants were […]
"Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration" is now published in The International Journal of Arbitration, Mediation and Dispute Management
V 74, N 4, Nov 2008, ISSN 00037877
(The Arbitration Journal by the Chartered Institute of Arbitrators).
For my readers, here is the pdf version.
Please cite "This article first appeared in the Chartered Institute of Arbitrator's Journal Arbitration (Vol 74 Number 4 - November 2008)".
Enjoy! Cher
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