September 15, 2018 – 7:04 pm
Good to know that my paper dated 2008 has been cited in: Revised UNCITRAL Arbitration rules Seen through the Prism of Electronic Disclosure, The [article] Journal of International Arbitration, Vol. 28, Issue 1 (February 2011), pp. 51-66 Kozlowska, Daria 28 J. Int’l Arb. 51 (2011) My contribution: An early conference in the form of a [...]
Besides Google Scholar, my (only) article ‘Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration’ has now been cited/referenced in the following books; ICDR Awards and Commentaries, Volume 1 edited by Grant Hanessian Link provided by Google search Arbitration Advocacy in Changing Times edited by A. J. van den Berg Link provided by Google search AAA [...]
CIETAC has announced that effective May 1, 2012, the CIETAC Arbitration Rules (2012) shall uniformly apply to the CIETAC and its sub-commissions. CIETAC started the rules revision back in early 2010. During early 2010 I was in CIETAC (as reported in this blog) and had an opportunity to gain valuable insights into the workings of [...]
October 7, 2010 – 2:18 pm
The 53rd update to the Civil Procedure Rules (CPR) is effective from 1 October 2010 which also introduces changes to e-disclosure. Note from the justice.gov.uk site; Part 31 Disclosure and Inspection of Documents and new PD31B Disclosure of Electronic Documents A new Practice Direction is introduced to regulate the approach practitioners should take when considering [...]
Recent developments coming from the International Bar Association (IBA) which I find worth noting are the ‘Draft revised IBA Rules on the Taking of Evidence in International Arbitration’ and the ‘IBA Guidelines for Drafting International Arbitration Clauses’. For folks familiar with the IBA website, the pdf versions may be located via their search tool.
March 18, 2009 – 12:27 am
I noticed the use of the terms ‘E-Discovery’ and ‘Electronic Disclosure’ and ‘Information Exchange’ for the May Conference in the Hague. See the programme listed at The University of Texas at Austin School of Law. Yes! E-Discovery and E-Disclosure or Information Exchange or handling electronic data or digital evidence are getting their footprints at the [...]
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Also posted in 2009, Arbitral Practice, Britain, European (non UK), Events, Process, US
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Tagged E-Disclosure, E-Discovery, evidence, May 2009, Obligations, Peace Palace, privilege
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I was recently embroiled in a brief debate/discussion/exchange (don’t like the word ‘argument’) on ‘competition and collaboration’ with a couple of lawyers (who are also arbitrators). Although brief, we all agreed that we want to collaborate rather than compete. (The context of the discussion was on availability of work/cases.) Also it’s much nicer to say [...]
February 18, 2009 – 5:40 pm
In arbitration, inaccessible data is data to be discovered and produced as shown in the Cassondra Todd v Guidance Software case. There’re several reports on this case which you can search via google. This report (also tweeted) gives a best guess of the timeline of the events, which I find handy to scan, read and [...]
September 17, 2008 – 9:33 am
No E-Documentation or edisclosure mentioned on this ICC UK / CIArb joint conference. Perhaps the ICC UK and CIArb do not wish to remind those wishing to refresh their knowledge of evidence and legal submissions on the ‘growing issue as a result of the electronic exchanges of documents between parties’. Surely the ‘growing issue…’ as [...]