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 […]
I was recently embroiled in a brief debate/discussion/exchange (don’t like the word ‘argument’) on ‘competition and collaboration’ with a couple of lawyers (who are also arbitrators). Although brief, we all agreed that we want to collaborate rather than compete. (The context of the discussion was on availability of work/cases.) Also it’s much nicer to say […]
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 […]
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 […]
No E-Documentation or edisclosure mentioned on this ICC UK / CIArb joint conference.
Perhaps the ICC UK and CIArb do not wish to remind those wishing to refresh their knowledge of evidence and legal submissions on the ‘growing issue as a result of the electronic exchanges of documents between parties’. Surely the ‘growing issue…’ as highlighted […]
I attended the First Electronic Evidence and Disclosure in International Arbitration held in New York at the end of January. My comments are posted under New York
The Second Annual Electronic Evidence and Disclosure in International Arbitration will be held in London on 2nd October. For the details checkout the Juris Conferences site
I noticed several familiar […]
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 […]
Since completion of my dissertation, I have not been actively searching for legal articles or news.
I do know that in the arbitration world, there is an event coming up in June in Dublin. The International Council for Commercial Arbitration (ICCA), founded in 1961, is the leading world-wide organization devoted to promoting international arbitration […]
“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 […]
"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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