E-Discovery of electronically stored information in commercial litigation

Abstract

Much of corporate and business information is today created and stored in electronic format. Emails, software source codes, word processed documents, metadata, spreadsheets and other forms of electronically stored information (ESI) are easier than paper documents to manage, store, search and transfer. This has led to overwhelming volumes of ESI being produced and potentially discoverable in commercial litigation than is the case with paper documents. With the explosion of ESI, the law on discovery must stay abreast with new technology. Electronic discovery (e-discovery) is an evolving field giving rise to unique challenges. This paper discusses how Singapore has responded to these challenges through updated rules of discovery and recent court decisions. These latest significant developments reflect consistent efforts to keep pace with modern technology and global trends on e-discovery in commercial litigation.