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 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.’
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 the limited situations in which courts may become involved with the discovery process in arbitration
January 4, 2008 – 6:35 pm
A Foley & Lardner LLP Information Bulletin pre Dec 2006 - summarised amendments of FRCP
January 4, 2008 – 3:21 pm
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.
January 4, 2008 – 2:49 am
Unlike the CPR which is available online & in pdfs, the FRCP is located in a pdf document
Check out the US Courts Congress page for various Amendments Approved by the Supreme Court – Submitted to Congress (April 2006)- FRCP Amendments Effective December 1, 2006
January 4, 2008 – 1:50 am
E-Discovery Amendments to the Federal Rules of Civil Procedure Go Into Effect Today; concise article posted at electronic discovery law blog
January 4, 2008 – 12:19 am
Disclosure under section 34(2)(d)
The arbitral tribunal has the power to order disclosure and has a discretion to decide ‘whether any if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage’.
There is no limitation regarding the types of documents. The tribunal must avoid unnecessary expense (section 33(1)(b)) and tailor the order for disclosure to fit the circumstances of the case.
Also for tribunal applying the English procedural law, the new CPR PART 31 and the Practice Direction 31 for the rules on disclosure and electronic disclosure in court proceedings will be relevant
January 3, 2008 – 1:08 am
Mr Ken Withers website. For very informative articles & links on ediscovery (primarily US) & some great pics taken in Kenya.