Originally from: Electronic Disclosure in International Arbitration - Hardcover Electronic Disclosure in International Arbitration - Electronic
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A U.S. Perspective: Convergence Of Standards For Information Exchange In International Arbitration And American Civil Discovery
Tom Barnett
In an austere and airless U.S. federal district courtroom, a magistrate judge sits at the bench in a discovery hearing with a furrowed brow and a look of frustrated exasperation on her face. An attorney for the plaintiff in a breach of contract lawsuit refers to dozens of large trial-exhibit display boards, reviewing in painstaking detail every technical glitch in a production of electronically-stored information which, he argues, make the entire production unreliable. As the technical language gets denser the eyes of all but the two opposing technical experts start to glaze over. It is a fight between avoiding sleep and a migraine headache. Next, the attorney representing the defendant launches into a breathless explanation of why the production turned out the way it did and how the other side never complained that the data were altered, that numerous emails and attachments were missing from the production, and that information from several large databases was never produced. The judge tries hard to remember what the actual case is about and wonders why the parties seem intent on embarking on a highly contentious separate trial solely about discovery. She begins to question her decision to leave her job as a federal prosecutor. Meanwhile across the Atlantic, in a cool and well-appointed conference room overlooking a foggy London skyline, the arbitrators and the parties in a commercial dispute, over the acquisition of a company that turned out to be worthless, discuss the scope of information that will be exchanged in order to resolve the dispute. The arbitrators and one of the parties are in perfect accord: everyone already has everything they need. There does not need to be any disclosure at all. And by no means do they want the kind of discovery side-show common in U.S. federal courts.
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
TOM BARNETT of Alix & Partners was formerly Special Counsel at Sullivan & Cromwell LLP and is one of the pre-eminent thought leaders on the development of E-Discovery best practices. He was a co-author of the Sedona Conference Principles on Electronic Document Production. He also serves on the Advisory Board of the Georgetown University Advanced E-Discovery Institute.
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