The American Arbitration Association (AAA) has established a task force on the exchange of documentary and electronic materials. The task force includes arbitration practitioners and corporate representatives and its objective is to seek consensus over document disclosure practices and ways in which tribunals handle electronic discovery.

Jurisdictions take varying approaches to the extent of disclosure of documentary materials which can lead to different expectations among parties of their entitlement and obligations in terms of discovery. Moreover, the increased reliance on e-disclosure has significant implications for arbitral tribunals and parties. It is understood that the task force will seek to develop a protocol of best practice which will be put to a sounding board of experienced arbitrators drawn from the task force.

Source: Global Arbitration Review