Electronic Disclosure in International Arbitration

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 onEvidence) 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.