edisclosure myth or reality? » guides

Late addition – UNCITRAL Notes

Mon, 21 Jan 2008 01:11:43 +0000

UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE
LAW (UNCITRAL) Notes on Organizing Arbitral Proceedings – pdf

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.’