The Use of Information Technology in Arbitration
JusLetter, December 2005
127 Pages Posted: 11 Apr 2011
Date Written: December 5, 2005
Information technology (IT) has invaded the legal profession. Very few are those who, today, do not work on a daily basis with electronic communication technologies. And dispute resolution is one of the most rapidly developing fields of IT usage. This article thus seeks to chart progress of the use of IT in offline arbitration.
This article is not about specific niches of dispute resolution, but about standard procedures. In other words, it is not about online dispute resolution (ODR), but about how various IT solutions may be put to good use in traditional arbitral proceedings. Moreover, it is not meant for particularly computer-literate counsel or arbitrators, but for practitioners with a standard understanding of IT. Hence, its subject-matter is centered on a discussion of the more commonplace IT solutions (e.g. e-mails, online filing, case-management websites, videoconferencing), and not of exotically sophisticated and rarely used technologies.
This article is practice oriented, and thus includes practice guidelines and suggests standard forms for the use of IT. It also presents the services currently offered by arbitral institutions, such as NetCase, the ICC's IT facility that has recently just become operational. This article has been substantially revised for publication as a book: Thomas Schultz, Information technology and arbitration - A practitioner's guide, Kluwer Law International, 2006.
Keywords: Arbitration, information technology
JEL Classification: K40
Suggested Citation: Suggested Citation