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 issue, the title; ‘Confronting the Matrix:Do the IBA Rules Require Amendment to Deal with the Challenges Posed by Electronically Stored Information? by Nicholas Tse and Natasha Peter.

As expected, the answer is a simple ‘yes, the IBA Rules require amendment’ (like the 1st article). The solutions though are not so simple. For me, the solutions are not within the IBA Rules. That’s another story.

Although the second article provided guidance from the English and US amendments and strategies for dealing with problems posed by ESI, the challenges posed by ESI for arbitrators and parties are still in the making or rather unconfronted.

Can one confront the Matrix and maintain a ‘flexible’ IBA Rules?

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