Category Archives: Arbitral Practice

Guidelines, Best Practice

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

April 14, 2008 – 3:26 pm

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 [...]

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where disclosure of document is not a breach of confidentiality

March 28, 2008 – 12:07 am

My lawyer friend, John (thanks!) e-mailed me a piece of news posted at thelawyer.com site Not related to electronic disclosure (from the news report) but still worth noting. Confidentiality in arbitration not to be taken for granted. According to the Court of Appeal, ‘any future disputes on the disclosure of documents should be resolved by [...]

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Improving Procedures for Discovery and Documentary Evidence

January 24, 2008 – 10:09 pm

improving-procedures-for-discovery.htm, Andrew Rogers, Source: BOOK: ICCA Congress series no. 7 (1996), pp. 131 – 144

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Late addition – UNCITRAL Notes

January 21, 2008 – 1:11 am

UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) Notes on Organizing Arbitral Proceedings – pdf

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A need for an ‘express guide on electronic documents’?

January 18, 2008 – 9:17 pm

Two statements in the Electronic Discovery In International Arbitration article grabbed my attention; ‘parties are disclosing electronic information both voluntarily and when compelled to do so during discovery’ and also‘that parties to international arbitration are probably treating e-mail and other electronic information like paper documents, with no attention to the implications that the electronic nature [...]

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edisclosure in New York

January 15, 2008 – 11:48 pm

New York City 31 January 2008, A Juris Conferences event on ‘Electronic Evidence and Disclosure in International Arbitration’ The edisclosure ‘fever’ has started for me & I’m all booked to attend. It will be my ‘conference holiday’ and will no doubt bring back some memories of NY as I’ve visited NY back in 1987/8 (work [...]

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Questions raised in my research

January 10, 2008 – 11:58 pm

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 [...]

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Controlling Costs in Arbitration

January 10, 2008 – 8:57 pm

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 [...]

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Evidence Disclosure in Chinese International Arbitration

January 10, 2008 – 4:17 pm

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 [...]

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WHERE NEITHER THE IBA RULES NOR U.S. LITIGATION PRINCIPLES ARE ENOUGH

January 9, 2008 – 6:07 pm

…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, [...]

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