Originally from The American Review of International Arbitration

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I.   CONTEXT

The COVID-19 pandemic precipitated the integration of technology into dispute resolution processes, leading to a reconfiguration of the procedural landscape. Several innovative tools and practices have since emerged to facilitate conflict resolution, including:

(i)         access to and use of interactive virtual platforms for remote hearings;

(ii)        guidelines, protocols, standards, and best practices for online arbitrations and remote hearings;

(iii)       diversification of the pool of practitioners by enlisting tech-savvy practitioners (arbitrators and counsel);

(iv)       reconsideration of traditional techniques in oral pleadings and examination of witnesses and experts; and

(v)        due consideration of the most appropriate dispute resolution processes and best options for settlements to save time and costs.

Within this context, the literature has delineated three categories of digital systems: those tailored for internal operations and communications, case management communications between institutions and users, and secure communication, scheduling, filing, and document submission.  The International Centre for Settlement of Investment Disputes (ICSID) had already implemented remote administration, resources, and hearing processes before the pandemic, enabling swift adaptation. ICSID utilizes a secure digital file-sharing platform (“BOX”) for uploading communications, submissions, orders, and documents. On 13 March 2020, it announced that electronic filings would be the default procedure to make proceedings more efficient and environmentally friendly, and to save parties’ costs and time. Later, on 24 March 2020, it posted a message with some basic information on holding online hearings at ICSID. As a result, ICSID was able to smoothly adjust to administering arbitrations remotely and to organizing many hearings on its platform, all at no additional expense to the parties and with the option of a virtual court stenographer and interpreter. Similarly, other dispute resolution institutions such as CIArb, the African Arbitration Academy, the Stockholm Chamber of Commerce, the International Chamber of Commerce (ICC), the LCIA, the SIAC, and the HKIAC embraced digitalization post-COVID-19, prioritizing safety, health, cost reduction, and efficiency enhancement.