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4 Y.B. on Int'l Arb. 109 (2015)
E-Discovery in International Arbitration - Still a Hot Topic

handle is hein.journals/ybinar4 and id is 109 raw text is: Jennifer BRYANT E-discovery in international arbitration - still a hot topic? Table of contents I Scope of e-discovery .......................... ...............110 A US law on civil procedure .......................... ...... 110 B Arbitration rules .................. ....... ..... ... .........111 II E-discovery vs. paper-based discovery ........................ 113 A Volume and quantity of information ..................... .....113 B Dispersion ........................................... 115 C Searching for information ...................................115 Ill Potential consequences of non-compliance with a production order.......116 IV Conclusion ................................. ........ .......118 Abstract In international arbitration proceedings, discovery appears to be a welcomed means to gather the relevant facts of the case and to justify one's claim. Espe- cially from a civil law perspective, this process constitutes a more flexible ap- proach to establish a case. On the other hand, discovery proceedings often ex- tend the length of the arbitration and can easily result in higher costs and time expense, in particular when conducted in an extensive US style. With the change into the 2.0 era, discovery was adapted to the technical changes and possibilities and developed into e-discovery. As such, it became a new hot topic. This article examines recent developments with respect to e-discovery and what the topics of the current discussion are. As an overall result, it can be ascertained that the international arbitration community has recently rather turned away from a very extensive US style approach to (e-)discovery and has settled at a more decent level balancing out both parties' interests in discovering new facts on the one side but also in a fast and cost-efficient dispute resolution on the other side. Some issues, such as consequences of the non-compliance with a production order, however, remain yet unsettled. Keywords Adverse Inference, Discovery, Dispersion, Document Production, E-Discovery, Electronically Stored Information, IBA Guidelines on Party Representation in International Arbitration, IBA Rules for the Taking of Evidence, The Sedona Principles 109

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