Remarks by Carrie Shu Shang

Abstract

Increasingly, issues are arising regarding transnational access to evidence in electronic formats in dispute resolution proceedings. Currently, there is not a comprehensive solution to cross-border gathering of electronic stored information and regulations in the area remain a patchwork of divergent instruments. Over the past few years, private practitioners and in-house counsel have had to familiarize themselves with various discovery rules, data privacy laws, and data localization laws to ensure that they transfer data in ways that are compliant with strict cross-border data transfer requirements. Further, the current private international law framework seems outdated for the rapidly changing transnational e-evidence discovery needs. This Panel, organized by the ASIL Private International Law Interest Group (PILIG), addressed issues concerning cross-border conflicts of e-evidence in party-managed processes and whether there is a “best practice” for adjudicators and parties to co-develop such a protocol. As the Co-Chair of PILIG, I had the pleasure of moderating the Panel.