edisclosure myth or reality? » undated

Electronic Discovery In Arbitration: Privilege Issues and Spoliation of Evidence

Thu, 24 Jan 2008 22:03:19 +0000

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.

Last Year news – still a struggle

Wed, 16 Jan 2008 17:12:53 +0000

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

edisclosure in New York

Tue, 15 Jan 2008 23:48:57 +0000

New York City 31 January 2008, A Juris Conferences event on ‘Electronic Evidence and Disclosure in International Arbitration’

The edisclosure ‘fever’ has started for me & I’m all booked to attend. It will be my ‘conference holiday’ and will no doubt bring back some memories of NY as I’ve visited NY back in 1987/8 (work related) and stayed twice at the ‘WTC’. Will certainly visit the site.

How much info?

Tue, 15 Jan 2008 23:35:15 +0000

‘How much new information is distributed in storage media?’, a study dedicated to estimating how much new information is generated each year.

Not sure whether the study is still ongoing as the study was posted around 2003.
Interesting to note that the UC Berkeley’s School of Information Management and Systems is the first school in the nation to explicitly address the growing need to manage information more effectively.

Controlling Costs in Arbitration

Thu, 10 Jan 2008 20:57:11 +0000

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 document production.
Case management is also mentioned, however no specific mention on how to determine the scope of the document production, which in a document (paper-based & electronic) intensive dispute can be unmanageable even with the use of IT.
The article pointed out that ‘special emphasis needs to be placed on steps aimed at reducing the costs connected with the parties’ presentation of their cases and that such costs are often caused by unnecessarily long and complicated proceedings with unfocused requests for disclosure of documents …’.

Evidence Disclosure in Chinese International Arbitration

Thu, 10 Jan 2008 16:17:50 +0000

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 Bryant Yuan Fu Yang and Diane Chen Dai

Now this is what I consider really interesting…the article is also ‘meant as a guide for foreign investors and companies who seek to have an uncooperative opposing party or nonparty disclose evidence.’

Zubulake v. UBS Warburg (2003)

Tue, 08 Jan 2008 17:05:25 +0000

The landmark case of Zubulake v UBS Warburg. Zubulake which highlights the issues with electronic discovery.

Articles and links available on the site krollontrack

GUIDELINES FOR THE DISCOVERY OF ELECTRONIC DOCUMENTS IN ONTARIO

Mon, 07 Jan 2008 15:34:17 +0000

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 support the enforcement of agreements between parties or provide the basis for court orders. Mandating how e-discovery is conducted through the enactment of detailed rules, at this stage, could be counterproductive, and risk imposing a “one-size fits all” approach that may not be appropriate in different types of litigation or responsive to new technologies as they emerge. It could also add unnecessary complexity to the Rules, and lead to more disputes and related motions. Rather, the objective of these Guidelines is to educate the legal profession, including the judiciary and the practicing bar, on issues relating to e-discovery and how those issues can be addressed in practice.’

Glossary – CPR; that incorporates the 45th update

Sun, 06 Jan 2008 03:23:16 +0000

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.

THE FEDERAL ARBITRATION ACT

Fri, 04 Jan 2008 15:21:29 +0000

The provisions at the Federal Arbitration Act

For explanations on the US Code and for information about the schedule of Supplements etc.

Checkout information on the unclassified changes i.e. changes that have not yet made it into the classification tables.