Bridging The Discovery Gap In International Arbitration

Law360, New York (February 24, 2015, 1:52 PM EST) -- Unlike U.S. civil litigators, international arbitration practitioners do not base claims on "information and belief," nor do international proceedings allow for extensive discovery. Counsel frequently confront information gaps, or evidence that is unobtainable, unreliable, incomplete, or not conducive to analysis. The effort of hunting for the unknown can be lengthy and costly — contrary to one of the perceived benefits of arbitration. Forensic data analytics — the use of electronic data to prove and disprove factual assertions — provide a low-cost, highly efficient opportunity to overcome these obstacles. But how can international arbitration practitioners spot and seize those opportunities?...

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