Technology is driving change in virtually every sector of the economy.
International arbitration is no different.
Clients will continue to expect their counsel to use
technology to increase efficiency, reduce cost and
enhance the quality of legal services - and at the
same time to stay abreast of the latest offerings.
Clients will also continue to expect their counsel
to identify and mitigate the risks posed by new
technologies, especially risks to the integrity of data.
Harnessing technology to enhance the
international arbitration offering
The collection and analysis of data, often powered
by machine learning or artificial intelligence, has
the potential to affect every stage of the arbitral
process. Most obviously, technology has had a
major impact on document disclosure. Increasingly
sophisticated artificial intelligence tools offer
lawyers the ability to expedite the review of
ever-larger numbers of documents with increasing
accuracy and achieve significant cost savings for
clients. These tools can also identify subtle trends
Technology - and data analytics in particular -
is also poised to affect how we choose arbitrators.
Traditionally, arbitrator selection was based on a
combination of personal experience and discussions
with colleagues. While these forms of information
gathering will remain invaluable, several new
initiatives promise to enhance the arbitratorselection
process by collecting and analysing
quantitative data about arbitral decision-making
and an arbitrator's conduct of proceedings.
The move towards more objective, measurable
data analysis may also serve to boost gender and
other forms of diversity in arbitrator selection.
At the same time, technology is transforming the
way in which arbitral hearings are conducted,
leading to greater procedural efficiencies. The use
of digital tools for evidence and case presentation
is becoming more mainstream, and we can expect
to see less frequent reliance on costly and
cumbersome hard copy evidence.
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