edisclosure myth or reality? » Arbitrators https://jollyvip.com/edisclosure From litigation to the arbitration regime Tue, 01 Jul 2025 10:14:39 +0000 en-US hourly 1 http://wordpress.org/?v=3.4.1 Todd v Guidance Software – Arbitrator ordered backup data to be produced https://jollyvip.com/edisclosure/2009/02/18/todd-v-guidance-software-arbitrator-ordered-backup-data-to-be-produced/ https://jollyvip.com/edisclosure/2009/02/18/todd-v-guidance-software-arbitrator-ordered-backup-data-to-be-produced/#comments Wed, 18 Feb 2009 17:40:39 +0000 http://iedisc.com/2009/02/18/todd-v-guidance-software-arbitrator-ordered-backup-data-to-be-produced/ In arbitration, inaccessible data is data to be discovered and produced as shown in the Cassondra Todd v Guidance Software case. There’re several reports on this case which you can search via google. This report (also tweeted) gives a best guess of the timeline of the events, which I find handy to scan, read and make my own analysis.

What are your views on the arbitrator’s order for disclosure of data residing on backup tapes?

]]> https://jollyvip.com/edisclosure/2009/02/18/todd-v-guidance-software-arbitrator-ordered-backup-data-to-be-produced/feed/ 0 Blog-worthy https://jollyvip.com/edisclosure/2009/02/15/blog-worthy/ https://jollyvip.com/edisclosure/2009/02/15/blog-worthy/#comments Sun, 15 Feb 2009 21:47:14 +0000 http://iedisc.com/2009/02/15/blog-worthy/ I’ve kind of recovered from my jet lag. I was in Asia for Chinese New Year and also managed to squeeze in short trips to Thailand and Cambodia (to see the Angkor Wat). Posted some pics (taken using my mobile phone!) at facebook.

Mmm even did not get to twitter while in Asia. Oh I’ve now got an edisclosure twitter (do follow edisclosure) and also on YouTube. I did find some time to produce a short snappy video for the LegalTechTownHall Questions. My two cents (or pennies) worth video is here.

Maybe one day I will be able to freely tweet and post videos from my mobile phone. Super freely, smarty tweety mobile next?

Here’s a blog-worthy report with the headline: Twitter lands congressman in hot water’. Hot water also for the Pentagon as it is reported to be looking to review its policy regarding the dissemination of potentially sensitive information in the light of new technologies. On the other hand, Twitter gets more funding even without a business model. How about that for the global credit crunch and the bankers!

Will people tweet more and more and blog less and less? Mmm maybe the 78 rpm record player will make a come back too.

On the subject of blogging, arbitrators are now blogging but not using their own blog site but via/under a well know publisher site. Doesn’t sound like blogging to me, still they’re ‘blogs’ and not posted as articles. I’ve not read the ‘blogs’ but have scanned for edisclosure ‘blogs’. Nothing there. I will keep track of the’ blogs’ at Kluwerarbitrationblog.

Two rather blog-worthy news for me came from two sources, one is a book and another is from a lawyer. The book title caught my attention, not the content. The title read: You Can Lead an Atheist to Evidence, But You Can’t Make Him Think: Answers to Questions from Angry Skeptics (the book is by Ray Comfort ). Isn’t that title something to ponder! I certainly need to think just to read that title!

Less thinking more a creative spark or ingenuity (who knows?!), a certain lawyer certainly knows how to do marketing with a title ‘ RentAJudge ‘. The trade mark site is at rentajudge

The formula for marketing seems to be ‘credit crunch’ + ‘costs’ + ‘ediscovery’ = alternative to alternative dispute resolution (with the exception = no choice litigation).
Well even the ICC is offering training on Amicable Dispute Resolution!
Oh well…

]]> https://jollyvip.com/edisclosure/2009/02/15/blog-worthy/feed/ 0 Social Networking site https://jollyvip.com/edisclosure/2008/09/29/social-networking-site/ https://jollyvip.com/edisclosure/2008/09/29/social-networking-site/#comments Mon, 29 Sep 2008 18:38:26 +0000 http://iedisc.com/?p=151 Yesterday (Sunday 28th September), I started a social networking site at www.adrtribunals.ning.com

Soon the site will be just www.adrtribunals.com.

There is also an iADRt (international ADR tribunals) ‘badge’ located on this blog right hand side menu.

Do visit and join for free and welcome any views/comments.

]]> https://jollyvip.com/edisclosure/2008/09/29/social-networking-site/feed/ 0 discovery of ‘e-mail diary’ disallowed even by a mock panel of international (real) arbitrators https://jollyvip.com/edisclosure/2008/04/14/discovery-of-e-mail-diary-disallowed-even-by-a-mock-panel-of-international-real-arbitrators/ https://jollyvip.com/edisclosure/2008/04/14/discovery-of-e-mail-diary-disallowed-even-by-a-mock-panel-of-international-real-arbitrators/#comments Mon, 14 Apr 2008 15:26:10 +0000 http://iedisc.com/?p=106 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 were mostly from law firms from various European cities.

The mock arbitration was conducted in English and French and the ‘fictitious’ case involved an English Software consulting firm (the Claimant) and a Greek Banking corporation (the Defendant number 1). The claim against the Greek Bank’s majority share owner, a German Bank (the Defendant number 2) was dismissed by the panel in the first hearing.

Besides dismissal of the 3rd party claim, the tribunal comprising of two French arbitrators (including the chairman) and a Swiss lady arbitrator also dismissed the claimant’s request ( an English Lawyer) for discovery of ‘e-mail diary’.

A mock case no doubt but a ‘real’ cultural show of who wants discovery and who objects to discovery. How interesting!

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