Electronic Disclosure in International Arbitration
By: David J. Howell
International arbitration faces the challenge of the exponential increase in the volume of electronically stored information. While there has been a convergence in the accepted scope of disclosure in international arbitration (chiefly reflected in the IBA Rules on Evidence) there is widespread concern about the potential burdens of disclosure of electronic documents, with regard to the litigation experience. Arbitrators are rapidly having to come to terms with these issues in an arbitration context, in order to meet the needs and expectations of the parties. A number of arbitration institutions are currently considering rule changes or protocols to address the disclosure of electronic documents. This publication analyses the procedural, practical and technical issues and addresses the appropriate approach to electronic disclosure in international arbitration, including those lessons and principles that can usefully be adapted from the litigation experience. Contributors include leading arbitrators, arbitration counsel, in-house counsel and IT experts, including leading experts in the field of electronic data management.
AI Overview
The book "Electronic Disclosure in International Arbitration" by David J. Howell is a comprehensive guide to the challenges and best practices in managing electronically stored information (ESI) in international arbitration. Here is a detailed overview of the book:
Key Themes
Challenges of ESI in International Arbitration: The book addresses the exponential increase in the volume of ESI and the resulting challenges in international arbitration. It highlights the need for effective management of ESI to meet the needs and expectations of parties involved in arbitration.
Procedural, Practical, and Technical Issues: The publication delves into the procedural, practical, and technical issues related to electronic disclosure. It provides insights into how these issues can be managed effectively within an arbitration context.
Lessons from Litigation Experience: The book draws lessons and principles from the litigation experience to adapt to the unique requirements of international arbitration. This includes strategies for maximizing cost savings and winning cases.
Rule Changes and Protocols: The book discusses the efforts of arbitration institutions to address the disclosure of electronic documents through rule changes or protocols. It includes contributions from leading arbitrators, arbitration counsel, in-house counsel, and IT experts.
Technical Tools and Techniques: The book covers the use of IT tools and techniques in managing ESI, including strategies for avoiding the "electronic disclosure money pit" and ensuring efficient e-discovery processes.
Future of E-Discovery: It also explores the future of e-discovery and technology in international arbitration, highlighting the evolving landscape of electronic document production and exchange.
Plot Summary
The book is structured to provide a thorough understanding of the complexities involved in electronic disclosure in international arbitration. It includes chapters that address various aspects of e-discovery, such as:
- Chapter 13: "Flat World Electronic Discovery: A Cyber-Tower of Babel?" by Stephen D. Whetstone, which discusses the challenges of e-discovery in a global context.
- Chapter 14: "Avoiding the Electronic Disclosure Money Pit: Strategies for Maximizing Cost Savings and Winning Cases" by Jerry F. Barbanel and Thomas W. Avery, which offers practical strategies for cost-effective e-discovery.
- Chapter 15: "IT Tools and Techniques" by Mark Yacano, David J. Howell, Ashley B. Watson, Thomas W. Avery, Jerry F. Barbanel, Stephen D. Whetstone, Jonathan Sachs, which provides an overview of the technical tools and techniques used in e-discovery.
- Chapter 16: "E-Discovery and Technology: The Future" by Skip Walter, which looks at the future of e-discovery and technology in international arbitration.
- Chapter 17: "Whither E-Disclosure in International Arbitration?" by Chuck Ragan, David J. Howell, Henri C. Alvarez, John M. Barkett, C. Mark Baker, Stephen R. Jagusch, Michael E. Schneider, Tom Sikora, Skip Walter, which includes a panel discussion on the future of e-disclosure in international arbitration.
The book also includes appendices that provide additional resources such as the IBA Rules on the Taking of Evidence in International Commercial Arbitration, the Sedona Principles for Electronic Document Production, and the CPR Draft Protocol on Pre-Hearing Disclosure of Documents and Information in Arbitration.
Critical Reception
While specific reviews of the book are not provided in the search results, the book's comprehensive approach to addressing the challenges of electronic disclosure in international arbitration suggests it would be well-received by practitioners and scholars in the field. The inclusion of contributions from leading experts in arbitration, IT, and e-discovery adds to its credibility and practical value.
Overall, "Electronic Disclosure in International Arbitration" by David J. Howell is a seminal work that provides a detailed analysis of the complex issues surrounding electronic disclosure in international arbitration, offering practical strategies and technical insights to navigate these challenges effectively.