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John Barkett's classes

UNCITRAL
only has 10 rules
art. 27.1
they are used primarily with contracts with governments, not with business.
ICC's rules is 2012 rules
Art. 22, bracket (1) to (5)
flaw: produce the document in the most economical way for it. ICDR assured the
production of document in a way I can search
ICDR
art. 20, bracket (1) to (7)
art. 21 bracket (6)
LCIA (1998)
art. 22, section 1e
In October 1st of 2014, the rule art. 22.1, bracket (v) will be amended - the Tribunal that
decide what documents are going to be produced or not.

Notes:
Most arbitral documents mentions disclosure, not discovery. There's no discovery in Civil
Law countries.
Native format: the doc can be modified. You wanna produce doc in TIFF or PDF. But how I
am gonna search that? You extract the text and put in a low file, that is like a image.
Metadata: data about the data.
E.g. e-mail:

IBA Rules
we do not used all of these rules, you choose which of them are going to be incorporated
to the contract.
The cost of retrieval of electronic documents is not a problem, the problem is reviewing
them. (ex: corporations deal with terabytes = 1024 GB). The cost of review is too high,
so usually you hire someone to do the predictive coding; that way, you can filter the
documents so that their relevancy changes from 80% to 100%.
If you are a poor party against a rich data party, make sure to get help from the Tribunal.
The winner is usually the reasonable party.

definition of doc, including document the rules


art 3 section 1, 2, 3, 12a (most convenient of economical tool),
art. 4, section 3
art. 5, section 4
art. 9, section 2 (use them to objection)

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