Category Archives: Rules

Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration

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 [...]

CIETAC Arbitration Rules 2012

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 [...]

Practice Direction 31B – PD 31B

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 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 [...]

A Conference for ‘up & coming’ arbitration practitioners – Establishing Your Case in International Arbitration

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 [...]

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 [...]

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. 09 Nov. 2007.