Electronic evidence in arbitration
Produced in partnership with Simmons & Simmons LLP
Electronic evidence in arbitration

The following Arbitration guidance note Produced in partnership with Simmons & Simmons LLP provides comprehensive and up to date legal information covering:

  • Electronic evidence in arbitration
  • How electronic disclosure is used in arbitration
  • When to think about electronic disclosure
  • If there is to be electronic disclosure, what am I obliged to disclose?
  • Useful sources of guidance on electronic disclosure in arbitration

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—arbitration law and practice in England and Wales and News Analysis: Brexit Bulletin—key updates, research tips and resources.

How electronic disclosure is used in arbitration

There is no universal binding protocol on e-disclosure in arbitration. This is consistent with the general approach that arbitration procedures should be flexible and that the tribunal has the authority to determine what evidential rules shall be applied in each individual case, subject to the agreement of the parties. However, as electronically stored information (ESI) is likely to form a significant proportion of the documentation involved in most arbitrations, serious thought must be given as to how it will be managed and used during the arbitral process to best enable the parties to present their cases without the task of producing the evidence becoming too onerous. Note: the term ‘document production’ rather than ‘disclosure’ is usually used in arbitration but the term ‘e-disclosure’ seems to be used in both contexts.

In contrast with English civil litigation, it is usual in