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ฉบับพิเศษ ประจำ�ปี 2564



            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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