Digitalization And The Use Of New Technologies In International Arbitration

Author : Magdalena Łągiewska
Publisher : BRILL
Page : 217 pages
File Size : 42,5 Mb
Release : 2024-06-17
Category : Law
ISBN : 9789004700710

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Digitalization and the Use of New Technologies in International Arbitration by Magdalena Łągiewska Pdf

Digital advancements are changing the face of international dispute resolution. This book examines the impact of digitalization and new technologies on international arbitration, discussing both advantages and challenges. It seeks to answer the question of whether international law in the field of international commercial arbitration is keeping pace with technological change. It takes a fresh look at issues that have recently emerged in the international arbitration landscape by focusing on the innovative use of artificial intelligence, particularly in relation to blockchain and ODR. Against this background, the Chinese solutions are worth analyzing and watching.

Author : Pietro Ortolani,André Janssen,Pieter Wolters
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 45,6 Mb
Release : 2022-10-11
Category : Law
ISBN : 9789403518169

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International Arbitration and Technology by Pietro Ortolani,André Janssen,Pieter Wolters Pdf

Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.

Author : Maud Piers,Christian Aschauer
Publisher : Cambridge University Press
Page : 327 pages
File Size : 47,7 Mb
Release : 2018-01-25
Category : Law
ISBN : 9781108417907

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Arbitration in the Digital Age by Maud Piers,Christian Aschauer Pdf

Demonstrates the enormous impact that the use of technology is having, and will continue to have, on arbitration.

Author : M. Ethan Katsh,Orna Rabinovich-Einy
Publisher : Oxford University Press
Page : 265 pages
File Size : 40,9 Mb
Release : 2017
Category : Law
ISBN : 9780190464585

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Digital Justice by M. Ethan Katsh,Orna Rabinovich-Einy Pdf

This book introduces the reader to a new framework for both online dispute resolution and online dispute prevention, known as "Digital Justice." The authors explore why traditional legal institutions are inadequate in today's sharing economy, and demonstrate the scarcity of effective ODR systems known as the "Digital Justice Gap." The authors focus particular attention on four areas that have seen great innovation, as well as large volumes of disputes: ecommerce, healthcare, social media, and labor. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.

Author : Ana Mercedes Lopez Rodriguez,Michael D. Green,Maria Lubomira Kubica
Publisher : BRILL
Page : 309 pages
File Size : 55,9 Mb
Release : 2021-02-01
Category : Law
ISBN : 9789004447417

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Legal Challenges in the New Digital Age by Ana Mercedes Lopez Rodriguez,Michael D. Green,Maria Lubomira Kubica Pdf

Legal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book’s sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book’s combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.

Author : Katia Fach Gómez
Publisher : Springer
Page : 0 pages
File Size : 50,8 Mb
Release : 2023-12-07
Category : Law
ISBN : 3031116801

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The Technological Competence of Arbitrators by Katia Fach Gómez Pdf

Arbitration is facing revolutionary changes due to new technologies’ irruption into the entire arbitration proceeding. Wide-ranging technical-legal concepts such as e-discovery, e-hearing, cyber-security protocol, e-deliberations, algorithmic decision-making and digital signing have become part of life. Technology’s impact on arbitration is unlikely to decrease after the COVID crisis; on the contrary, how the arbitration community positions itself vis-à-vis technology will be a key factor in determining arbitration’s future. Faced with this challenging scenario, the book discusses a novel legal topic: arbitrators’ relationship with this increasingly ubiquitous, rapidly-changing technology. This innovative book applies journalism’s “5 W questions” to the underexplored issue of arbitrators’ digital competence. It reaches a workable definition of what digital competence in the current arbitration context is, also providing answers to the essential question of why arbitrators’ digital competence is relevant from legal and financial points of view. Attention then shifts to who, with reflections on arbitrators working in a highly technological context and clarification of their relationship with other legal and non-legal actors. The book equally offers an in-depth comparative study of the question of where arbitrators’ technological competence is regulated, with critical analysis of soft and hard law provisions that may impose a digital competence duty. Finally, the book specifies when arbitrators need to be digitally competent and develops legal proposals regarding key procedural stages (initial conference, hearings) and legal topics (cybersecurity, data protection). The first study to scrutinise the rapidly changing relationship between arbitrators and technology, the book aims to spark a crucial debate among practitioners and scholars. Academically rigorous and using the latest legal material, it emphasises arbitrators’ needs, rights and duties in our technological age, presenting them alongside carefully selected practical topics. The unprecedented and well-grounded proposals for arbitrators’ digital competence are intended to be a call to action for its broad target audience.

Author : Cavinder Bull,Loretta Malintoppi,Constantine Partasides
Publisher : Kluwer Law International B.V.
Page : 1063 pages
File Size : 48,7 Mb
Release : 2023-09-12
Category : Law
ISBN : 9789403513874

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Arbitration’s Age of Enlightenment? by Cavinder Bull,Loretta Malintoppi,Constantine Partasides Pdf

Directly presenting the considered views of a broad cross-section of the international arbitration community, this timely collection of essays addresses the criticism of the arbitral process that has been voiced in recent years, interpreting the challenge as an invitation to enlightenment. The volume records the entire proceedings of the twenty-fifth Congress of the International Council for Commercial Arbitration (ICCA), held in Edinburgh in September 2022. Topics range from the impact of artificial intelligence to the role of international arbitration in restraining resort to unilateralism, protectionism, and nationalism. The contributors tackle such contentious issues as the following: time and cost; gender and cultural diversity; confidentiality vs. transparency; investor-State dispute settlement procedures; the proposed establishment of a permanent international investment court system; how cross-fertilisation across different disciplines may impact international arbitration; determining whether a document request seeks documents that are relevant and material to the outcome of a dispute; whether we would be better off if investment arbitration were to disappear; and implications for international arbitration of the Russian invasion of Ukraine. There is consideration of global issues that are likely to give rise to disputes in the future, including climate change, environmental protection, access to depleting water resources, energy and mining transition, and human rights initiatives. Several contributions focus on developments in specific countries (China, India) and regions (Africa, the Middle East). Arbitrators, corporate counsel, and policymakers will appreciate this opportunity to engage with current thinking on key issues in international commercial and investment arbitration, especially given the diversity of thought presented by authors from all over the world.

Author : Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 41,5 Mb
Release : 2020-11-17
Category : Law
ISBN : 9789403528434

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International Arbitration and the COVID-19 Revolution by Maxi Scherer,Niuscha Bassiri,Mohamed S. Abdel Wahab Pdf

International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

Author : Katia Fach Gómez
Publisher : Springer Nature
Page : 180 pages
File Size : 45,9 Mb
Release : 2023-11-25
Category : Law
ISBN : 9783031116810

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The Technological Competence of Arbitrators by Katia Fach Gómez Pdf

Arbitration is facing revolutionary changes due to new technologies’ irruption into the entire arbitration proceeding. Wide-ranging technical-legal concepts such as e-discovery, e-hearing, cyber-security protocol, e-deliberations, algorithmic decision-making and digital signing have become part of life. Technology’s impact on arbitration is unlikely to decrease after the COVID crisis; on the contrary, how the arbitration community positions itself vis-à-vis technology will be a key factor in determining arbitration’s future. Faced with this challenging scenario, the book discusses a novel legal topic: arbitrators’ relationship with this increasingly ubiquitous, rapidly-changing technology. This innovative book applies journalism’s “5 W questions” to the underexplored issue of arbitrators’ digital competence. It reaches a workable definition of what digital competence in the current arbitration context is, also providing answers to the essential question of why arbitrators’ digital competence is relevant from legal and financial points of view. Attention then shifts to who, with reflections on arbitrators working in a highly technological context and clarification of their relationship with other legal and non-legal actors. The book equally offers an in-depth comparative study of the question of where arbitrators’ technological competence is regulated, with critical analysis of soft and hard law provisions that may impose a digital competence duty. Finally, the book specifies when arbitrators need to be digitally competent and develops legal proposals regarding key procedural stages (initial conference, hearings) and legal topics (cybersecurity, data protection). The first study to scrutinise the rapidly changing relationship between arbitrators and technology, the book aims to spark a crucial debate among practitioners and scholars. Academically rigorous and using the latest legal material, it emphasises arbitrators’ needs, rights and duties in our technological age, presenting them alongside carefully selected practical topics. The unprecedented and well-grounded proposals for arbitrators’ digital competence are intended to be a call to action for its broad target audience.

Author : David Collins,Michael Geist
Publisher : Edward Elgar Publishing
Page : 509 pages
File Size : 54,9 Mb
Release : 2023-10-06
Category : Law
ISBN : 9781800884953

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Research Handbook on Digital Trade by David Collins,Michael Geist Pdf

This comprehensive Research Handbook analyzes the impact of the rapid growth of digital trade on businesses, consumers, and regulators. Leading experts provide theoretical and practical insight into how to manage the legal and policy challenges of the global digital economy.

Author : José María de la Jara,Carolina Arroyo,Álvaro Awad
Publisher : Kluwer Law International B.V.
Page : 476 pages
File Size : 41,7 Mb
Release : 2020-09-29
Category : Law
ISBN : 9789403518114

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Surviving in the Field of International Arbitration: War Stories and Lessons Learned by José María de la Jara,Carolina Arroyo,Álvaro Awad Pdf

For young lawyers and students contemplating a career in international arbitration, understanding what it takes to be successful in the field can seem hidden and mysterious. Here is a book that, in a thoroughly engaging way, unlocks the black box and democratizes access to advice and information via short personal chapters by leading practitioners. Each chapter appears in both English and Spanish. Over forty of the most renowned names in arbitration worldwide offer reflections on life as an arbitration practitioner, highlighting such career opportunities and potential stumbling blocks as the following: balancing work and life; managing coexistence challenges in firms (e.g., the rat race, bullying, burnout, discrimination); preparing for a job interview; promoting disruptive innovation; arbitrating for the State; participating in deliberations; writing arbitral awards; handling dissenting opinions; and developing a personal brand The authors’ exploration of everything from academic work and practical experiences to how they have managed personal pressures will be greatly appreciated by all who seek to thrive in the arbitration market, whether in practice or academia. As an extraordinary compilation about what happens behind the scenes in the international arbitration world, this book will quickly become an essential consultation resource illuminating what it takes to succeed in the field and how best to achieve a meaningful and rewarding career. Its personal success stories reveal what practice in this area of law actually looks like and brilliantly demonstrate ways to foster career development.

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
Page : 286 pages
File Size : 49,6 Mb
Release : 2019-01-08
Category : Law
ISBN : 9781527524569

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Online Arbitration in Theory and in Practice by Ihab Abdel Salam Amro Pdf

This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing first–hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates e–commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 ‘The CISG’ applies to e–commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their cross–border commercial disputes through online arbitration.

Author : Tanya Aplin
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 48,8 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781785368349

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Research Handbook on Intellectual Property and Digital Technologies by Tanya Aplin Pdf

This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.

Author : Arthur W. Rovine
Publisher : Martinus Nijhoff Publishers
Page : 579 pages
File Size : 44,5 Mb
Release : 2014-10-02
Category : Law
ISBN : 9789004274945

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Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) by Arthur W. Rovine Pdf

The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Keynote Presentation by Gabrielle Kaufmann-Kohler Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. Strong Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich

Author : Chirag Balyan,Yashraj Samant
Publisher : Thomson Reuters
Page : 530 pages
File Size : 42,6 Mb
Release : 2022-01-01
Category : Law
ISBN : 9789391340452

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SPECIALIZED ARBITRATION: EMERGING INTERNATIONAL TRENDS AND PRACTICES by Chirag Balyan,Yashraj Samant Pdf