Construction SuperConference 2017

Sessions Speakers Exhibitors Floor Plan Buzz

E15 Strategic Use of Discovery in International Construction Arbitration (Room Chopin 1)

05 Dec 17
2:30 PM - 3:45 PM

Tracks: Improving Memory + Specialty Care

As more and more companies are expanding their scope of work beyond the borders of the United States and more overseas companies operate in the United States, many construction industry legal professionals are now forced to grapple with settling disputes in international forums, including the AAA, the ICC, ICDR, and UNCITRAL. The average non-international practitioner, often familiar with the relatively broad discovery scope that the U.S. Courts provide, is often shocked at the limits of discovery, (paper, electronic, and depositions) in the international forum. Understanding this shift in mindset as well as the unique tools common in international forums (such as Redfern document disclosure protocol), will help the attendee maximize the use of the limited discovery process while minimizing the cost of the processes employed.

Upon completion of this session, participants will be able to:

  • Obtain a basic understanding of the types of discovery common in International Construction Arbitration, the limits on the use of such discovery, and techniques for maximizing the benefit, while reducing the cost of such discovery.
  • Obtain a basic understanding of the changes (and proposed changes) many international construction forums are making regarding discovery in Intentional Construction Arbitration, including how such Tribunals and panels deal with the discovery of electronically stored information.
  • Obtain the tools necessary to make more strategic discovery decisions, thereby limiting the cost and maximizing the benefit of such decisions.