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 [...]
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 [...]
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 [...]
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.
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, [...]
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
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 [...]
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.
January 4, 2008 – 9:18 pm
Discovery in Arbitration – US style An extract from the pdf article: This article will discuss discovery in arbitration proceedings. Part I will discuss discovery in advance of arbitration under the commercial rules of the American Arbitration Association (“AAA”). Part II will discuss discovery under the Federal Arbitration Act (“FAA”). Finally, Part III will discuss [...]