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BLOG2020-10-04T18:35:06+00:00

How Technology Can Enhance International Arbitration to be More Inclusive

Besides fairness, international arbitration should embrace diversity and inclusiveness as core values, hence efforts should be made in order to guarantee access to all these attributes in the same measure. Fairness may include the right to be heard, having both an independent and impartial panel, etc. however, when scholars discuss the underpinning aspects of diversity, it is often reviewed under different groups, such as gender and age diversity, or geographic, and ethnic diversity, when in reality it encompasses more than cultural points. This paper seeks to chart progress of the use of technology in arbitration on this scope.

By |October 3rd, 2020|

Efficiency in International Arbitration: A Matter of Technology

The evolution of technology throughout the years has directly impacted international arbitration. Its use is not new. As early as 2005, technology was seen and used as a means to improve international arbitration’s efficiency, efficacy and convenience. Now, outstanding legal professionals continue to affirm that technology enhances efficiency and advocacy in international arbitration. This essay analyses how technology enhances efficiency in international arbitration.

By |October 3rd, 2020|

¿Las Nuevas Tecnologías Extinguirán El Sistema Arbitral? Kleros: Una Mirada Al Futuro Del Arbitraje Internacional

La Analítica Legal ha incurrido en el arbitraje internacional con cambios disruptivos como los iniciados por Arbitrator Intelligence o Arbilex. Sin que sea directamente aplicable al arbitraje como se ejerce actualmente, se ha desarrollado un sistema de justicia descentralizado llamado Kleros. Este tiene beneficios respecto del arbitraje clásico pues: abarata costos y tiempos de sustanciación, permite el litigio internacional por cuantías menores, asegura la unificación de la información sobre casos pasados, y fortalece la imparcialidad de sus jurados. El desarrollo y perfeccionamiento de este sistema podría traer un cambio significativo en el arbitraje internacional.

By |September 30th, 2020|

The Future of Artificial Intelligence in Arbitration: The Fine Line Between Fiction and Reality

Artificial Intelligence (AI) follows the logic that if all attributes of learning and intelligence is accurately traced in-depth, it can be simulated through a computer program. In other words, ‘what holds good for Human Intelligence, also applies to AI. AI is increasingly being used for in the legal industry for various tasks, including practice management, conflicts management, contract review and due diligence, legal assistance, e-discovery review, and outcome prediction (e.g., Motions). This blog discusses the use of AI in arbitration (and, legalities thereof), and fear of this so-called ‘disruptive technology’ vis-à-vis resilience of arbitration as against AI.

By |September 26th, 2020|

Arbitrator Intelligence Ambassadors co-edit the forthcoming English-Spanish Bilingual book ‘Surviving in the Field of International Arbitration: War Stories and Lessons Learned’ published by Wolters Kluwer.

The book contains forty chapters written by leading practitioners —including several AI Ambassadors— covering hot topics about life as an arbitration practitioner and arbitrator, such us: handling oral pleadings and cross-examination; arbitrating on behalf of States; acting as arbitral secretary; writing your first arbitral award; dealing with tribunal deliberations; handling dissenting opinions; developing a personal brand; balancing work and life; promoting disruptive innovation; preparing for arbitration job interviews and managing coexistence challenges in law firms (e.g., dealing with the rat race, bullying, burnout, discrimination). Click on Read More to pre-order your copy.

By |September 7th, 2020|

Born v. Born: The Battle of Scholarly Citations in the Canadian Supreme Court’s Uber v. Heller Decision

Most individuals with involvement in international arbitration—as a scholar, practitioner, arbitrator, or as a brave student participating in a moot competition—have cited Gary Born for some legal principle. Indeed, sometimes this name is cited by opposing sides in support of their contrary legal arguments. While this has been a common practice among students and, in particular, Mooties, it now seems that a similar practice is reflected in the majority and dissenting opinions in the long-waited and important international arbitration decision, Uber v. Heller, 2020 SCC 16.

By |July 16th, 2020|

Transparency and Data Analytics: The Keys to the Transformation of the ISDS Adjudicator Appointment Process

The ongoing global discussions on the reform of the Investor-State Dispute Settlement (ISDS) system have been broad in scope and covered a wide range of concerns. As previously documented on this blog, the governments participating in the UNCITRAL Working Group III – ISDS Reform (WG III) have...

By |June 1st, 2020|

Legal and Practical Aspects of Virtual Hearings During (and After?) the Pandemic: Takeaway From the SCC Online Seminar Series

Two recent online seminars, organised in the context of the Online Seminar Series of the Stockholm Chamber of Commerce (SCC), focused on the fast-track digitalisation into which the world of international arbitration is forced as a result of the pandemic.