Category Archives: Focused

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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Last Year news – still a struggle

January 16, 2008 – 5:12 pm

One year after FRCP, struggles continue with e-discovery By Beth Pariseau, News Writer 19 Dec 2007 | SearchStorage.com article

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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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Electronic Evidence: Disclosure, Discovery & Admissibility

January 9, 2008 – 9:25 pm

A Book on Electronic Evidence: Disclosure, Discovery & Admissibility General Editor: Stephen Mason with specialist contributors 1st Edition 2007, LexisNexis Butterworths A decent textbook of legal principles (mainly common law jurisdictions) and a fair selection of chapters/articles on digital evidence.

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a critically important and evolving field in international arbitration

January 9, 2008 – 6:23 pm

Electronic Evidence and Disclosure in International Arbitration New York City 31 January 2008. The jurisconferences seminar ‘recognizes the harsh reality of the problems presented by the creation and maintenance of electronic data in international business transactions and provides a forum for discussion by the leading experts in the electronic data field of how best to [...]

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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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Zubulake v. UBS Warburg (2003)

January 8, 2008 – 5:05 pm

The landmark case of Zubulake v UBS Warburg. Zubulake which highlights the issues with electronic discovery. Articles and links available on the site krollontrack

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GUIDELINES FOR THE DISCOVERY OF ELECTRONIC DOCUMENTS IN ONTARIO

January 7, 2008 – 3:34 pm

An extract from the pdf document; ‘Guidelines will provide an appropriate framework to address how to conduct e-discovery, based on norms that the bench and bar can adopt and develop over time as a matter of practice. They are not intended to be enforceable directly, as are the Rules of Civil Procedure, although they may [...]

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Glossary – CPR; that incorporates the 45th update

January 6, 2008 – 3:23 am

The Glossary in the justice.gov.uk site Eventually, this blog will have a Glossary page for ‘all’ terms defined in the rules, guidelines and also their usage in arbitration.

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Electronic Discovery Reference Model (EDRM) Project

January 4, 2008 – 9:51 pm

The EDRM Project was conceived well before the ediscovery/edisclosure rules. According to the information on the EDRM site ..Launched in May 2005, the Electronic Discovery Reference Model (EDRM) Project was created to address the lack of standards and guidelines in the electronic discovery market – a problem identified in the 2003 and 2004 Socha-Gelbmann Electronic [...]

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