Daily Archives: January 10, 2008

Questions raised in my research

January 10, 2008 – 11:58 pm

To what extent are the IBA Rules of Evidence and the IBA Guidelines on Conflicts of Interest still sufficient and or fulfil the needs of the parties in complex disputes in areas such as re-insurance, financial markets and banking? In these sectors, computer technologies are deployed extensively and the nature of business transactions are not [...]

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Controlling Costs in Arbitration

January 10, 2008 – 8:57 pm

Techniques for Controlling Time and Costs in Arbitration A Report from the ICC Commission on Arbitration In the ICC Publication 843 -Techniques for Controlling Time and Costs in Arbitration, no specific mention on ‘electronic document production’ or ‘electronically stored information’, although ‘Úse of IT’ is discussed. The Redfern Schedule is mentioned for managing requests for [...]

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Evidence Disclosure in Chinese International Arbitration

January 10, 2008 – 4:17 pm

What can we glimpse (& learn?) from the Chinese where Alternative Dispute Resolution has been the way of resolving disputes from the Confucian era to current digital era? For a glimpse on Chinese international arbitration, check out the pdf article: Tipping the Scale to Bring a Balanced Approach: Evidence Disclosure in Chinese International Arbitration. By [...]

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Revisiting ‘discovery’ in international commercial arbitration

January 10, 2008 – 3:44 pm

It seems that the preferred term in arbitration practice is ‘disclosure’ rather than ‘discovery’. Worth noting that in P.R.China, a civil law jurisdiction, the term ‘evidence disclosure’ is used in international arbitration. The following paragraphs are extracted from: Alan Redfern & Martin Hunter, LAW AND PRACTICE OF INTERNATIONAL COMMERCIAL ARBITRATION Chapter 6, SWEET&MAXWELL 4TH ED. [...]

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