digitalisation of dispute resolution
In recent years, legal technology has become more sophisticated, bringing numerous benefits to participants involved in dispute resolution. Services such as electronic filing systems and case management software have made menial processes more efficient. Artificial intelligence (AI) and machine learning (ML) are sure to drive further evolution.
Perhaps the most significant impact on the proliferation of digital technology in the dispute resolution space was the onset of the coronavirus (COVID-19) pandemic. It quickly became commonplace for case management meetings to be run via videoconferencing, and for witness and expert testimony to be delivered remotely. Digital document storage, electronic bundling and virtual trial presentation became practical options.
“The COVID-19 pandemic significantly accelerated the digitalisation process in the dispute resolution field, and the changes have been particularly pronounced in international arbitration,” explains Ank Santens, a partner at White & Case LLP. “Before the pandemic, there was a lot of resistance to remote hearings, especially to remote witness examinations. After three years of mostly positive experiences during the pandemic, many neutrals and party advocates have come to realise that remote proceedings are often a viable alternative to expensive and time-consuming in-person hearings.
“This development has also helped participants realise that hard copies of exhibits are not indispensable for witness examination, and digital alternatives can be used in a manner that affords the witness and the party that presents the witness due process,” she adds.
The adoption of digitalisation across the dispute resolution space has required parties, courts, governments and arbitral institutions to demonstrate adaptability. While necessity forced the hands of many, agility and resourcefulness allowed the flow of dispute resolution processes to continue through COVID-19.
Jul-Sep 2023 issue
Richard Summerfield