Technology Assisted Review (TAR) in large dispute case management: Australian and Internation developments

With the size – and complexity – of large commercial disputes rapidly increasing, using technology to assist in their case management is becoming more and more important.

As noted by the Arcadis Global Construction Disputes Report 2016, arbitrations and mega disputes in Australia are on the rise.

Disputes like these, and the factual circumstances underlying them, typically involve vast numbers of documents that are, or may be, relevant to the issues requiring resolution. As such, the use of technology assisted review (TAR) to assist with their case management is becoming increasingly common.

In this article, we take a look at some recent case law developments – both in Australia and internationally – that offer some insight into how the Courts view TAR and may use Special Referees to assist with its implementation in the case management of large disputes.