Monthly Archives: January 2008

edisclosure is still a myth in England

So far, no reported edisclosure cases perhaps edisclosure related disputes are settled before trial. Also, I came across several blogs on ediscovery (US style) and Chris Dale’s edisclosure blog (UK style). For FRCP amendments, Ralph Losey’s ediscovery blog is particularly useful. Nice music, if you like the author’s choices. I ‘think’ my blog is the [...]

Questions raised in my research

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 [...]

Controlling Costs in Arbitration

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 [...]

Evidence Disclosure in Chinese International Arbitration

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 [...]

Revisiting ‘discovery’ in international commercial arbitration

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. [...]

Electronic Evidence: Disclosure, Discovery & Admissibility

A Book on Electronic Evidence: Disclosure, Discovery & Admissibility General Editor: Stephen Mason with specialist contributors 1st Edition 2007, LexisNexis Butterworths A decent textbook of legal principles (mainly common law jurisdictions) and a fair selection of chapters/articles on digital evidence.

a critically important and evolving field in international arbitration

Electronic Evidence and Disclosure in International Arbitration New York City 31 January 2008. The jurisconferences seminar ‘recognizes the harsh reality of the problems presented by the creation and maintenance of electronic data in international business transactions and provides a forum for discussion by the leading experts in the electronic data field of how best to [...]


…electronic discovery is already happening also– to a limited extent–in international arbitration and neither the IBA Rules nor US litigation principles are enough. According to a featured international article‘, ‘ELECTRONIC DISCOVERY IN INTERNATIONAL ARBITRATION: WHERE NEITHER THE IBA RULES NOR U.S. LITIGATION PRINCIPLES ARE ENOUGH ‘by Jonathan L. Frank, Julie Bédard, Dispute Resolution Journal, November, [...]

Zubulake v. UBS Warburg (2003)

The landmark case of Zubulake v UBS Warburg. Zubulake which highlights the issues with electronic discovery. Articles and links available on the site krollontrack


An extract from the pdf document; ‘Guidelines will provide an appropriate framework to address how to conduct e-discovery, based on norms that the bench and bar can adopt and develop over time as a matter of practice. They are not intended to be enforceable directly, as are the Rules of Civil Procedure, although they may [...]