Tag Archives: Arbitration

Todd v Guidance Software – Arbitrator ordered backup data to be produced

February 18, 2009 – 5:40 pm

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 [...]

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A Conference for ‘up & coming’ arbitration practitioners – Establishing Your Case in International Arbitration

September 17, 2008 – 9:33 am

No E-Documentation or edisclosure mentioned on this ICC UK / CIArb joint conference. Perhaps the ICC UK and CIArb do not wish to remind those wishing to refresh their knowledge of evidence and legal submissions on the ‘growing issue as a result of the electronic exchanges of documents between parties’. Surely the ‘growing issue…’ as [...]

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Alert! The International Journal of Arbitration, Mediation and Dispute Management

July 25, 2008 – 7:51 pm

I am rather pleased to announce that the Chartered Institute of Arbitrators (CIArb) will publish my condensed dissertation, titled : Electronic Discovery/Disclosure: From Litigation to International Commercial Arbitration  in The International Journal of Arbitration, Mediation and Dispute Management, Sweet & Maxwell, Volume 74 Number 4 November 2008. When I started on my research back in October [...]

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Improving Procedures for Discovery and Documentary Evidence

January 24, 2008 – 10:09 pm

improving-procedures-for-discovery.htm, Andrew Rogers, Source: BOOK: ICCA Congress series no. 7 (1996), pp. 131 – 144

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Electronic Discovery In Arbitration: Privilege Issues and Spoliation of Evidence

January 24, 2008 – 10:03 pm

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.

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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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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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