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In Speymill Contracts Ltd v Baskind, where it was alleged that copies of withholding notices had been stolen and that lightning had irreparably damaged the computer on which electronic copies were stored, the Court of Appeal had to consider the effect of fraud on adjudication enforcement
In this article we consider whether new English court rules applicable to production of electronically stored information (ESI) can provide a useful reference point for arbitrators where the parties have failed to adopt any of the arbitration-specific proposals on ESI recently published by institutions such as the International Institute for Conflict Prevention and Resolution (CPR), the International Bar Association (IBA) and the Chartered Institute of Arbitrators (CIArb
