I attended the First Electronic Evidence and Disclosure in International Arbitration held in New York at the end of January. My comments are posted under New York
The Second Annual Electronic Evidence and Disclosure in International Arbitration will be held in London on 2nd October. For the details checkout the Juris Conferences site
I noticed several familiar names (mostly from the US) on the Faculty list. Interesting long list of issues for the one day event.I also noticed that the format of the London event is the same as the one held in New York. The issues and items for consideration and discussion are also the same.
For posterity sake, the agenda is pasted here.
8:30 – 9:00 Registration
Coffee and tea upon arrival
9:00 – 10:30 Working Session 1
E-Disclosure in International Arbitration: the issues
Items for consideration and discussion to include:
- E-documentation the “new reality”: the nature of the challenge
- Litigation “discovery”obligation v. arbitration “disclosure”
- Scope of disclosure in international arbitration
- Reasonableness and proportionality
- Common law v civil law practice
- IBA Rules on Taking Evidence: the new gold standard?
- Suitability of Sedona principles
- Steps in e-disclosure
- AAA/ICDR, CPR working groups on e-disclosure
10:30 – 11:00 Coffee/Tea Break
11:00 – 12:30 Working Session 2
Experience of In-house counsel
Items for consideration and discussion to include:
- Requirements for storage and recovery of e-documents
- Litigation/regualtory/arbitration demands
- Needs as claimant/respondent
- Privilege
- Employee privacy
- Preservation of documents/metadata
- IT organisation and resources
- Future developments?
12:30 – 14:00 Networking Luncheon
Luncheon Event Sponsor- Fulbright & Jaworski L.L.P
14:00 – 15:30 Working Session 3
IT Tools and Resources for E-disclosure
Items for consideration and discussion to include:
- Nature and location of e-documents
- Recovery and collection from multiple sources
- De-duplication
- Search tools and techniques (key word, conceptual)
- Recovery of storage/back-up tapes and deleted e-documents
- Integrity of e-documents and metadata
- Storage and presentation of e-documents in arbitration proceedings
- Controlling time and costs
- Protocols/practices for e-disclosure
- Future developments in e-disclosure?
15:30 – 16:00 Coffee/Tea Break
16:00 – 17:30 Working Session 4
Whither E-disclosure in international arbitration?
Items for consideration and discussion to include:
- E-disclosure awareness of international arbitrators
- Need for early consultation
- Arbitration institutions: the value of e-disclosure protocols
- Scope of disclosure (relevant and material/IBA Rules on Evidence)
- What is “reasonable” and “proportionate” e-disclosure?
- Expectations of parties and their counsel in international arbitration
- Agreement between parties on scope/methods of e-disclosure
- Costs
- Issues of privilege
- The future?
17:30-18:30 Cocktail Reception