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 document production.
Case management is also mentioned, however no specific mention on how to determine the scope of the document production, which in a document (paper-based & electronic) intensive dispute can be unmanageable even with the use of IT.
The article pointed out that ‘special emphasis needs to be placed on steps aimed at reducing the costs connected with the parties’ presentation of their cases and that such costs are often caused by unnecessarily long and complicated proceedings with unfocused requests for disclosure of documents …’.