Category Archives: Arbitral Practice

Guidelines, Best Practice

In Google Scholar and Books

Besides Google Scholar, my (only) article ‘Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration’ has now been cited/referenced in the following books; ICDR Awards and Commentaries, Volume 1 edited by Grant Hanessian Link provided by Google search Arbitration Advocacy in Changing Times edited by A. J. van den Berg Link provided by Google search AAA [...]

Coming from the IBA

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.

E-Discovery and Electronic Disclosure at the Peace Palace,The Hague

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 [...]

Todd v Guidance Software – Arbitrator ordered backup data to be produced

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 [...]

things ediscovery/edisclosure related

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 [...]

Since my conclusion back in December 2007

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 [...]

Production of electronic documents

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 [...]

Alert! The International Journal of Arbitration, Mediation and Dispute Management

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 [...]

Concluding remarks from my research (winter 2007)

“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 [...]

Just for the record – 2nd article on the IBA Rules

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 [...]