“The proliferation of data, like the sun rising, is a given. Without effective rules and arbitral oversight, the introduction of such data into cross-border arbitrations could undermine the very reason why parties selected it as the means of resolving their disputes in the first place,” Goldberg Segalla associate Oliver E. Twaddell, a member of the Corporate Services and Commercial Litigation practice in New York City, writes. The article, first printed in Mealey’s Litigation Discovery Report and later reprinted in Mealey’s International Arbitration Report, explores data and its impact on international commercial arbitration, and discusses tools available to arbitrators and counsel for keeping e-disclosure costs and efforts in check.
“[T]he world’s current output of data is roughly 2.5 quintillion bytes a day,” Oliver writes.”That should come as no surprise as electronically stored information (ESI) is not only found on computers, servers, and storage devices, but also on PDAs, smart phones, MP3 players and other wearable technology … Unsurprisingly, the ever-expanding universe of data is fertile ground for disclosure of documents in electronic form in international arbitrations.”
Luckily for all parties, e-discovery costs are not a without limits. In their article, Oliver discusses carefully choosing which institutional rules will bind arbitration, arbitrator case management techniques, protocols from the Chartered Institute of Arbitrators (CIArb), and other important tools and methods.