Catherine Gelder, senior associate, Berwin Leighton Paisner:

The overwhelming practice in international arbitration is for disclosure to be governed by the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules). The IBA Rules’ disclosure requirements are equivalent to option two of Jackson LJ’s proposed menu of options for disclosure (as set out in his preliminary report). In my view, experience of how the IBA Rules work in practice provides some useful lessons about Jackson LJ’s option two. (more…)

Sonali Patel, associate, Berwin Leighton Paisner:

Traditional procurement has come under scrutiny recently and has acquired a poor reputation in some quarters. It is accused of being adversarial, inefficient and fragmented. It is even suggested that lawyers recommending a traditional procurement route may be negligent! Some would have us believe that the grass is greener elsewhere, but I am sceptical. (more…)