International arbitration faces the challenge of the exponential increase in the volume of electronically stored information. Whilst 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 at the potential burdens of disclosure of electronic documents, having 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.
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Editorial Reviews
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"Most, if not all, practitioners have already come across e-disclosure in one form or another. The reality is that it will become an increasing feature of all of our practices, as counsel and arbitrators. This text will help practitioners to move towards the effective, efficient management of e-disclosure, in a way that avoids it contributing to increasing the time and cost of arbitration still further." --David Brynmor Thomas, Partner, International Arbitration Group, Herbert Smith LLP
"This most interesting book provides not only practical insights on a still emerging subject, but also thought-provoking intellectual discourse- a rare and pleasing combination." --Asian Dispute Review
"This most interesting book provides not only practical insights on a still emerging subject, but also thought-provoking intellectual discourse- a rare and pleasing combination." --Asian Dispute Review
"This most interesting book provides not only practical insights on a still emerging subject, but also thought-provoking intellectual discourse- a rare and pleasing combination." --Asian Dispute Review
"This most interesting book provides not only practical insights on a still emerging subject, but also thought-provoking intellectual discourse- a rare and pleasing combination." --Asian Dispute Review
About the Author
DAVID HOWELL is co-chair of the global International Arbitration practice of Fulbright & Jaworski and acts as counsel and advocate in complex international arbitrations of commercial, investment and construction disputes. He has practiced in London, Dubai and Singapore and is a Fellow of the UK, Singapore and Hong Kong Institutes of Arbitrators.
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