In today’s day and age, we are inundated with news about organisations that have successfully embraced digital transformation, making a smooth transition to new systems.
We have come to acknowledge the availability of great technologies, the increasing need for time and cost efficiency as well as the importance of sustainability.
Technological adaptation is coherent across sectors and arbitration, which is increasingly becoming a favoured means of dispute resolution in the Middle East, is sure to benefit from this digital revolution, according to the European, Middle Eastern and African Arbitration Review 2016.
While there is potential in increasing the proficiency of case management, and simplification of the process, it does open the topic for discussion about the uncertainties that this change creates. There is a case to be made weighing the pros and cons of such a transformation in arbitration.
Clearly, digitalisation helps streamline processes for the parties involved, case filing, case tracking and making documents accessible remotely in a secure and trusted manner. It helps simplify meetings without the need for travel through video conferencing, Skype, emails and instant messaging.
The UAE is working towards becoming a preferred global seat for arbitration, and with this comes the needs to adapt to the increasing reliance on technology.
Simplified processes
Clearly, digitalisation helps streamline processes for the parties involved, case filing, case tracking and making documents accessible remotely in a secure and trusted manner. It helps simplify meetings without the need for travel through video conferencing, Skype, emails and instant messaging.
Sustainable systems
It also helps drive sustainability, in line with the UAE’s Smart Dubai 2021 initiative by storing data digitally, moving away from the traditional paper-heavy processes. As of January 2019, six Dubai government entities have officially gone paperless, and plan to celebrate the last paper transaction in the emirate has been set for December 12, 2021.
For arbitration centres, it is not a discussion of if but rather when we implement arbitration and mediation rules through a technologically-based workflow and how we ensure full-proof cybersecurity to protect confidentiality.
Implementation challenges
Considering that no two disputes are ever the same, how do we implement artificial intelligence to adapt to changes in the process? And what does this mean for case managers like those at Emirates Maritime Arbitration Centre (EMAC), who have already spent several years studying the letters of the law? Will their training incorporate the IT skills to operate and troubleshoot complex systems, at least in the very early days of system development?
Online platforms help save time and reduce overheads by managing activities such as printing, collating and couriering packs of paper, or travel for deliberations and hearings. But as e-arbitration evolves, there are valid arguments that point to additional management of tasks that would eventually render case managers redundant, although in my view that is not likely to be the case, given that most arbitration institutions have a fairly low headcount.
There is a need for the development of technology that ticks all boxes and fully automates the arbitration process. EMAC leverages its existing technical infrastructures to ensure an efficient arbitration process to maximise existing resources and meet global challenges such as time zones, accessibility and location. It also attracts the highest calibre of case managers, experts, arbitrators and mediators understanding that the dynamic nature of the sector doesn’t support the elimination of human interaction. Evolving technologies paired with human advancement and intelligence is sure to revolutionise arbitration in the future as we know it.
