Technology in Arbitration
Produced in partnership with Jack Salter of K&L Gates and Christopher Valente of K&L Gates
Practice notesTechnology in Arbitration
Produced in partnership with Jack Salter of K&L Gates and Christopher Valente of K&L Gates
Practice notesTo a greater or lesser extent technological solutions have been employed at all stages of arbitral proceedings for decades. The coronavirus (COVID-19) pandemic and resultant travel restrictions and lockdowns necessitated an enhanced focus on how technology can be used by lawyers and arbitrators to promote fair and efficient proceedings on a global basis. Moreover, rapid advances in technology employed both by clients and in the legal sector (including the advancement in artificial intelligence (AI) technology), paired with increased cost and ESG pressures on practitioners, are placing a prominent spotlight on the way technology is employed in arbitration.
When discussing technology in arbitration, it is easy to think primarily in terms of e-discovery, electronic bundling and remote/hybrid hearings. However, technological concerns should and do pervade almost every aspect of an arbitration from the arbitration agreement and consideration of the underlying laws and procedural rules, to the choice of arbitrator, to case management and presentation, and even through to enforcement of the ultimate award. As well as efficiency and cost, cybersecurity,
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