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turn to applications to help extract data in preparation for proceedings, which can include
but not limited to emails, documents, photographs, databases, audio files, video files,
social media posts, website contents, etc. Electronic discovery (‘e-discovery’) is also
becoming popular, though it is predominant in investigations or court litigations where
information requested are stored in electronic form, also known as ‘Electronically Stored
Information’ or ‘ESI’ and placed in a legal hold.
Data extraction to build the parties’ claims and defences are very crucial in
litigation or arbitration, where the facts of the cases can play a crucial role. With the
convenience of electronic mail communication, many of us are somewhat guilty of
proliferating email exchanges, consequently, they become difficult to keep track of or
locate. The habit of clicking ‘reply all’ or the urge to reply for the sake of doing so can
swiftly create a mountain of data. Employees leave and memories fade but data stays.
Nevertheless, the enormity of data and information cannot be underestimated. Using
the parlance of natural disaster, parties may find themselves caught in a data tsunami
that could overwhelm their case, or experiencing ‘analysis paralysis’ due to the inability
to retrieve only the key information needed which are in their favour. Tools for data
mining are essential to search, compile and extract the required as well as correct
communications or documents. Data analysis software in disputes can assist counsels
with organising pertinent facts quickly and rather accurately. Such software plays
a significant role since many a time in arbitrations, successful outcomes rely upon facts
and not on legal arguments alone. Whilst these are tools and not necessarily performing
AI functions, they play an integral role in simplifying other tedious tasks of sieving
through information accumulated over the years or worst still, decades. Whereas in
disputes involving technical realms such as engineering and construction, there will be
technical drawings or calculation outputs in various proprietary electronic files that
need to be retrieved and relied upon.
It is important to mention would be applications for online dispute resolution
and electronic hearings. In cross-border transactions, the parties are likely to be located
in different geographical locations. Particularly in instances of small claims, it might
not make economic sense for parties to travel to another country outside of their domicile
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