The 20thDossier of the ICC Institute of World Business Law contemplates how the pandemic has challenged procedural presumptions in international arbitration and paved the way for practitioners to rethink widely used case management techniques.
The Dossier addresses how the main procedural features of international arbitration can be adapted to meet the needs of a given case and in turn enhance efficiency of arbitration as a dispute resolution mechanism. The Dossier also explores the inherent powers of arbitral tribunals, including their role in promoting the use of technology and in proposing innovative approaches to structuring proceedings.
This edition of the Dossier examines current difficulties with document production with regard to the taking of evidence, proposing a technological update to the Redfern Schedule, and explaining the implications of using technology-assisted review (TAR) to comply with document production orders. Written by international practitioners, the Dossier provides insight into how the preparation of witness evidence might be improved to increase reliability and avoid duplication of submissions. In addition, it proposes new techniques for the management of expert evidence, designed to focus expert reports of like disciplines on duplicate/identical questions and data sets, to more easily identify points of agreement. The Dossier includes a chapter on the range of options available for arbitration hearings – in-person, hybrid and virtual – to tailor an effective hearing, based on specific circumstances of the case and on the designated seat of arbitration.
Inviting readers to rethink the paradigms of international arbitration, the Dossier presents pioneering ideas to shape the future of dispute resolution and better enable access to justice for everyone, everywhere.
Bernardo M. Cremades
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