The Impact of Digital Technologies on Arbitration Courts

Abstract

This paper focuses on the impact of digital technologies and data protection on international arbitration proceedings. It discusses already familiar technologies (e.g., online communication between parties and arbitrators; videoconference hearings; electronic signatures; digital filing of documents, briefs, materials, and awards) and more recent advancements (e.g., speech recognition software, drafting tools for arbitral awards, virtual reality, augmented reality, and artificial intelligence). The first part of this study focuses on technologies applied to arbitration proceedings—performance of arbitration hearings, legal research capabilities, and review of legal documents. The second part analyzes (1) the regulation of electronic arbitration awards and drafting tools applied to arbitration awards, (2) the distinction between electronic and digital signatures, (3) the recognition and enforcement of arbitral awards pronounced in electronic form, and (4) the data protection mechanisms. Moreover, the article handles the issue of data protection and privacy, as well as their demonstration in modern arbitration procedures. The theoretical basis of the study was formed by doctrinal positions, found in studies on phenomena of digital (electronic, virtual, network) development that became a part of everyday life and were reflected in legal consolidation—the works of M. N. Dudin, E. P. Rusakova, E. E. Frolova, A. I. Gorbacheva, E. V. Kupchina. The main method of this study is the comparative-legal method. The influence of the digital tools on legal documents is reflected in such international conventions and acts as: (1) Convention on the Recognition and Enforcement of Foreign Arbitral Awards; (2) General Data Protection Regulation 2016/769; (3) Arbitration Act of 1996 of England and Wales; (4) Code of Civil Procedure of the Netherlands.