Monthly Archives: April 2008

Party autonomy & the English Arbitration Act 1996

Just as there are international conventions guaranteeing recognition of party autonomy, there are mandatory rules (e.g. arbitrability, due process that limit and constraint on the types of issues that can be submitted to arbitration and the effectiveness and enforceability of the arbitral award) overarching the extent of party autonomy. Mandatory provisions may vary from country [...]

myth and reality – fearsome creatures

How Reality Made Myth in the shape of dragons and other beasts. Read this not only for the interesting stories but also the nice pictures. Perhaps one can also identify who one is amongst the stories of the beautiful and fearsome creatures in our make belief world.

The Compliance, Security or Operability questions for E-Discovery

  Last week I went to the infosecurity Europe event in London as I was attracted by the keynotes titles and the interactive theatre. Besides returning home with three different caps/hats, one even has a battery attached to it (stress balls seems to be out of fashion for the security nerds and herd, which is [...]

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 [...]

a collusion of laws,regulations & standards on e-mails

I wondered if the term, collusion to mean ‘interplay’ (or more precisely in the old etymological sense of playing fairly together?) could be used in the context of looking at the various laws, regulations and standards surrounding e-mails. According to Prof. Tony Hoare at a BCS evening talk, the collusion of the Science of Programming [...]

Fancy an MSc in E-discovery (and Computer Forensics)?

The Glasgow University is offering an MSc in Computer Forensics and E-discovery. The University is also looking for a lecturer, ‘ someone with professional and practical experience as well as the ability to take a leading role in teaching, development and research in dynamic academic environment.’

From the Serious Fraud Office (UK), investigation is an art.

For those in UK and able to attend the British Computer Society (BCS) evening event on 27th May : Large Scale and Complex Fraud:the Digital Forensics Approach’ hosted by BCS IRMA, please pre-book and do comment here if you get to attend. I will be in Geneva on that day. Sounds an interesting presentation from [...]

discovery of ‘e-mail diary’ disallowed even by a mock panel of international (real) arbitrators

I was at the ICC Arbitration Day event in Paris last week. Thanks to Ms. Mireze Philippe at the ICC for her company and lunch. The mock arbitration was well organised with two sittings comprising of well known arbitrators, lawyers and also a barrister. Only one of the parties was not a lawyer. The participants [...]

Recent March publication & activity from the Sedona Conference

I have just found the WG1 March 2008 publication at the Sedona Conference site. The title is Commentary on ESI Evidence & Admissibility. Have not read it yet. Maybe there will also be a publication from the Spring Conference (March event): THE SECOND ANNUAL PROGRAM ON GETTING AHEAD OF THE eDISCOVERY CURVE: STRATEGIES TO REDUCE [...]

US cases & CREDO

In looking for articles on the Qualcomm v. Broadcom, 2008 WL 66932 (S.D.Cal. Jan. 7, 2008) and the Columbia Pictures v. Bunnell, No. 2:06-cv-01093 (C.D. Cal. Dec. 13, 2007) cases, I came across CREDO – Case Review and Enforcement of Discovery Obligations programme. I do not know what CREDO programme entails and wondered if there [...]