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Electronic Disclosure in International Arbitration - Hardcover
Electronic Disclosure in International Arbitration - Electronic
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Introduction: Electronic Disclosure In International Arbitration: A Changing Paradigm - Chapter 1
David J. Howell
International arbitration is not litigation. One of the advantages of international arbitration over litigation is the greater flexibility it offers to the tribunal, the parties and their counsel in meeting the requirements of the dispute and the wishes of the parties. This includes the appropriate means to address the issue of documentary disclosure. Each of the authors in this volume brings a valuable perspective to the challenge of electronic disclosure in international arbitration, ranging from those that believe that the challenge can usefully be met by guidelines, protocols and institutional rule changes, to those that consider that such adaptations are both unnecessary and inappropriate. For international arbitration practitioners it is instructive to observe the parallel developments in electronic disclosure that have taken place in a litigation context in the U.S., and the experience of US in-house counsel faced with the often onerous challenges of electronic discovery. Many will say that commercial parties resort to arbitration precisely in order to avoid these experiences, which are to be kept out of in international arbitration at all costs. Yet these lessons are instructive for the purpose of informed debate on how best to address the issue of disclosure of electronic documents when and to the extent this issue arises in international arbitration. Included in this volume are session transcripts of a conference on this topic held at the Harvard Club, New York on 31 January 2008, the first conference entirely devoted to the study of these issues in an international arbitration context.
Full Table of Contents from "Electronic Disclosure in International Arbitration"
Chapter 1 Introduction: Electronic Disclosure In International Arbitration: A Changing Paradigm By David J. Howell
Chapter 2 A Civil Law Perspective: "Forget E-Discovery!" By Michael E. Schneider
Chapter 3 E-Disclosure In International Arbitration By Stephen R. Jagusch
Chapter 4 Production Of Electronically Stored Information In Arbitration: Sufficiency Of The Iba Rules? By John M. Barkett
Chapter 5 The New Reality Of Electronic Document Production In International Arbitration: A Catalyst For Convergence By Richard D. Hill
Chapter 6 Litigation Lessons: The Federal Rules Of Civil Procedure, The Sedona Principles And Part 31 Of The English Civil Procedure Rules By Judge Ronald J. Hedges
Chapter 7 A U.S. Perspective:Convergence Of Standards For Information Exchange In International Arbitration And American Civil Discovery By Tom Barnett
Chapter 8 Electronic Disclosure In International Arbitration: The Issues - Panel Discussion Moderator: Lawrence W. Newman Panel: David J. Howell Tom Barnett Judge Ronald J. Hedges Stephen R. Jagusch Michael E. Schneider
Chapter 9 An In-House Counsel's Guide To E-Disclosure By Laura M. Kibbe
Chapter 10 E-Discovery Playbook: How E-Discovery Can Be A Proactive Tool For Winning By Ashley B. Watson
Chapter 11 E-Discovery's Greatest Challenges: Management Of Diverse Resources & Discovery Burden Estimating By James M. Wright
Chapter 12 The In-House Counsel Experience - Panel Discussion Moderator: Tom Sikora Panel: David J. Howell Laura M. Kibbe Liane Komagome James M. Wright Steve Pate
Chapter 13 Flat World Electronic Discovery: A Cyber-Tower Of Babel? By Stephen D. Whetstone
Chapter 14 Avoiding The Electronic Disclosure Money Pit: Strategies For Maximizing Cost Savings And Winning Cases By Jerry F. Barbanel And Thomas W. Avery
Chapter 15 IT Tools And Techniques - Panel Discussion Moderator: Mark Yacano Panel: David J. Howell Ashley B. Watson Thomas W. Avery Jerry F. Barbanel Stephen D. Whetstone Jonathan Sachs
Chapter 16 E-Discovery And Technology: The Future By Skip Walter
Chapter 17 Whither E-Disclosure In International Arbitration? - Panel Discussion Moderator: Chuck Ragan Panelists: David J. Howell Henri C. Alvarez John M. Barkett C. Mark Baker Stephen R. Jagusch Michael E. Schneider Tom Sikora Skip Walter
APPENDICES
Appendix 1
IBA Rules on the Taking of Evidence in International
Commercial Arbitration
Appendix 2
Sedona Principles for Electronic Document Production,
Second Edition
Appendix 3
CPR Draft Protocol on Pre-Hearing Disclosure of Documents
and Information in Arbitration
Appendix 4
ICDR Guidelines for Arbitrators Concerning Exchanges
of Information
Appendix 5
Practice Direction to Part 31 of the English Civil Procedure Rules
Appendix 6
Amendments to Rules 16 and 26 of the U.S. Federal Rules
of Civil Procedure
Appendix 7
Managing Disclosure of Electronic Information:
A Pocket Guide for Judges
DAVID J. 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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