Originally from the ICDR Handbook on International Arbitration Practice - Second Edition

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I.    Introduction

The law relating to the discovery of electronically-stored information (“ESI”) is fast-developing.   While the rules and procedures with respect to ESI discovery in litigation are already established in many jurisdictions, ESI discovery in international arbitration is more fluid.  Given the level of party-autonomy over the scope and breadth of ESI discovery in international arbitration, parties and arbitrators often look to varied sources of information for guidance on what rules to adopt in their own proceedings.  These resources include the guidelines promulgated by various international institutions and the rules and procedures applicable to litigation and international arbitration in jurisdictions in the U.S.  This chapter provides a brief overview of institutional guidance that has developed in recent years against a backdrop of the Federal Rules of Civil Procedure and relevant case law from jurisdictions in the U.S. where international parties often find themselves involved in litigation and/or arbitral proceedings.