The author is a partner at Jones Day in New York City, where he chairs the firm’s E-Discovery Committee. He co-teaches a course on e-discovery at Rutgers Law School. The views expressed are solely those of the author and should not be attributed to the author’s firm or its clients.
E-discovery has become a fixture in modern civil litigation. Almost inevitably, e-discovery will also increasingly affect arbitration. Because of the unique goals and processes of arbitration, rules for e-discovery must be adapted to meet the needs of parties in arbitration. The AAA and other arbitration-sponsoring organizations have begun to develop e-discovery processes appropriate for arbitration. This article discusses them and suggests drafting techniques and litigation strategies that could control the use of e-discovery in arbitration.
This article discusses the growing focus on the use, management, and discoverability of electronically stored information (ESI1) in litigation, and its potential use as evidence in arbitration. Court cases involving e-discovery frequently arise. There is also a mountain of literature on the subject.2 These developments are due to such factors as: