Category Archives: Arbitration

Juris Conferences : Second Annual Electronic Evidence and Disclosure in International Arbitration

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 [...]

Alert! The International Journal of Arbitration, Mediation and Dispute Management

I am rather pleased to announce that the Chartered Institute of Arbitrators (CIArb) will publish my condensed dissertation, titled : Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration  in The International Journal of Arbitration, Mediation and Dispute Management, Sweet & Maxwell, Volume 74 Number 4 November 2008. When I started on my research back in October [...]

Is edisclosure on the ICCA published agenda?

Since completion of my dissertation, I have not been actively searching for legal articles or news. I do know that in the arbitration world, there is an event coming up in June in Dublin. The International Council for Commercial Arbitration (ICCA), founded in 1961, is the leading world-wide organization devoted to promoting international arbitration and [...]

Concluding remarks from my research (winter 2007)

“Electronic discovery is a tool to help resolve a dispute and should not be viewed as a strategic weapon to coerce unjust, delayed, or expensive results.” – From the Sedona Conference Electronic discovery/disclosure is an evolving field and has already raised and heightens multiple legal, security, and personal privacy issues, many of which have yet [...]

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 [...]

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 [...]

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 [...]

where disclosure of document is not a breach of confidentiality

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 [...]

Electronic Discovery In Arbitration: Privilege Issues and Spoliation of Evidence

Warshauer, Irene C “Electronic Discovery In Arbitration: Privilege Issues and Spoliation of Evidence“. Dispute Resolution Journal. Nov 2006-Jan 2007. FindArticles.com. 09 Nov. 2007.

Enforcing Arbitration Awards under the New York Convention: Experience and Prospects -1998

Pdf article on the papers presented at ‘New York Convention Day’, a colloquium held in New York on 10 June 1998 to celebrate the 40th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards concluded on 10 June 1958.