E-mail Protocol

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Draft protocol for exchange of written submissions by e-mail (to be amended as circumstances may require)

  1. All documents sent to the arbitrator by e-mail must be copied at the same time to all other parties using Cc (as opposed to forwarding to other parties later).
  2. Communications should only be copied to the arbitrator if it is necessary to do so.
  3. Unless otherwise agreed or directed, communications sent by e-mail [should/should not] also be sent by fax or hard copy.
  4. The e-mail should state which (if any) attachments or other related documents will also be supplied in hard copy.
  5. Communications sent by e-mail should be promptly acknowledged (generally, acknowledgements need not be sent out of ordinary working hours). The original sender of the e-mail should periodically check whether the e-mail has been acknowledged.
  6. Unless otherwise agreed or directed, documents of more than [10] megabytes (in total) may not be attached to a single e-mail.
  7. Excessively lengthy e-mail chains should be avoided, by deleting older messages which do not need to be included.
  8. The sender should where possible avoid sending attachments in a format which the addressee may be unable to open (eg a proprietary format, or a new word-processing format recently introduced by Microsoft); where this cannot be avoided, instructions for opening the attachment should be provided. Failure by the sender to comply may result in the recipient being granted an extension of time.
  9. An up-to-date anti-virus program must be running on computers used for sending communications by e-mail, but it is the sender's responsibility to use anti-virus software to check that incoming e-mails are free of viruses.
  10. Submissions sent as attachments should normally be sent in a searchable text format (eg text pdf [or MS Word format]).
  11. All e-mails must include a Subject, and it is helpful if the subject starts in a consistent way, followed by a more precise reference to the subject-matter. Example: "Arbitration between ABC and CDE - request for further disclosure".
  12. Unless otherwise agreed or directed, e-mails received after 5.00 pm (in the time zone at the place of receipt) will be treated as having been served on the next working day in the place of receipt.
  13. [Sending communications by e-mail outside ordinary working hours should be avoided.]
  14. A party sending a communication by e-mail should be aware that e-mails are sometimes delayed in transmission or may fail to arrive (due to a spam filter or otherwise), that communication by e-mail is not a secure method of communication, and that attachments sent in MS Word format may inadvertently contain private data such as comments or tracked changes.

(Note: For online delivery of very large amounts of data consider using an FTP service such as www.yousendit.com.)

Please send comments on this draft to cfreedman@3vb.com.