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Electronic Discovery And Arbitration: A Shortcut Through E-Discovery

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Chapter Summary

The use of discovery in international arbitration is much more limited than its extensive use in U.S. litigation or growing use in U.S.-based arbitration, as litigators try to import litigation discovery practices into arbitration. The amount of electronic interaction results in an exponential increase in the amount of material that is retained. Data retention magnifies the amount of material that is potentially subject to a discovery request. There are disputes between parties to an arbitration over the amount of discovery needed for a fair hearing. These range from objections to discovery as "this is arbitration" by those seeking to limit discovery and protestations that even in arbitration "trial by ambush" is not fair from those seeking discovery. The appropriate amount of discovery in an international arbitration will vary with the size and complexity of the arbitration, as well as the practices of the forum.

Keywords: data retention; disputes; electronic discovery; fair hearing; forum; international arbitration; objections; U.S. litigation



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