Bridging the Discovery Gap in International Arbitration
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.
In a recent Law360 article, StoneTurn’s Jonny Frank provides an overview on how international arbitration practitioners spot and seize these opportunities.
Read the full article.