Volume 33 (2016) / Issue 4
The ‘Redfern Schedule’, a device used to organize requests for the production of documents in arbitration, was initially conceived as a way of limiting document production to the documents critical to each party’s case, and avoiding the costs and delays associated with discovery in common law jurisdictions. Despite these noble intentions, it is apparent that Redfern-governed document production is too often ending up like US-style discovery, and that thought needs to be given to how the Redfern Schedule might be modified to deal with this trend – the cost consequences of which are bad for parties and arbitration alike. To that end, the authors propose various ways through which parties can minimize the costs of document production through creative use of the Redfern Schedule, whilst retaining strategic imperatives and ensuring they do not alienate the Tribunal.
All rights reserved