Originally from:
AAA/ICDR Handbook on International Arbitration Practice - Electronic
AAA/ICDR Handbook on International Arbitration Practice - Hardcover
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CHAPTER 18
ELECTRONIC DISCOVERY IN INTERNATIONAL
ARBITRATION (REVISITED)1
Jonathan L. Frank and Julie Bédard∗
I. Introduction
Almost three years ago, we wrote an article on “e-discovery” in
international arbitration that asked two key questions about the discovery
of electronically-stored information (“ESI”): (i) would the tide of ediscovery
swamp international arbitration and (ii) should arbitral
institutions or organizations prepare rules or guidelines on the exchange
of ESI for discovery purposes?2 The wave of e-discovery is still forming
in international arbitration, but it has received significant attention from
the international arbitration community.
Following up on our earlier publication, this chapter summarizes
recent lessons learned from e-discovery in U.S. litigation, which might
prove useful in international arbitration. It then discusses recent
guidelines enacted by various arbitral bodies with a view to taking
control over the process of e-discovery in international arbitration.
Jonathan L. Frank and Julie Bédard are respectively partner and counsel at
Skadden, Arps, Slate, Meagher & Flom. Mr. Frank was a member of the American
Arbitration Association Task Force on Documentary and Electronic Discovery. The
views expressed are those of the authors alone and should not be attributed to the authors’
firm or its clients. The authors are grateful to associates Colm McInerney and Patrick
Rideout for their assistance. The authors welcome e-mail responses to this commentary.
They can be reached at the following e-mail addresses: jofrank@skadden.com and
jbedard@skadden.com.
