Charles W. Grim Named Director of Indian Health Service

Grim, Charles W.

doi:10.1136/jim-51-06-04

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Authentication Of Electronic Evidence1

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2023

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“…Rules on authenticity must be broad and flexible to cover electronic evidence. 35 In Brazil, article 384 of the 2015 Civil Procedure Code considers authentic any evidence (including electronic) certified employing minutes drawn up by a notary public. 36 This certification is also valid for evidence in arbitration proceedings.…”

Section: Authentication Of Electronic Evidencementioning

confidence: 99%

Electronic evidence in arbitration proceedings

Ferreira¹,

Gromova²

2023

DEESLR

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This paper addresses electronic evidence focusing on arbitration rules of the leading ADR providers. It also narrows the topic to an empirical assessment using six categories of electronic evidence in a sample of 92 arbitration proceedings. The paper aims to offer the concept of electronic evidence in international arbitration, its admissibility and relevance criteria, and reach conclusions from an empirical analysis of a large sample of arbitration proceedings gathered from the Centro Brasileiro de Mediação e Arbitragem (Brazilian Center for Mediation and Arbitration). We conclude that electronic evidence is regularly used in arbitration and is relevant to the arbitrators’ reasoning. We propose a revision on the 2016 Draft Convention on Electronic Evidence to include arbitration. Index words: alternative dispute resolution; arbitration; electronic evidence; admissibility; relevance; weight; empirical analysis

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Section: Authentication Of Electronic Evidencementioning

confidence: 99%