In recent years, international arbitration has been changing to keep pace with new technologies and the trend towards digital. This trend is further accelerating in the wake of COVID-19, and a crucial aspect of the transition to a fully online process in international arbitration lies in the use of robust and secure online case management platforms (“Platforms”).
However, Platforms are currently used inconsistently, with limited consensus or approved best practices around when or how they should be adopted. As a result, the use of Platforms varies drastically between arbitrations, creating confusion and inefficiencies for parties, institutions and tribunals alike.
In this context, a Working Group on LegalTech Adoption in International Arbitration (the “Working Group”), chaired by Charlie Morgan from Herbert Smith Freehills’ London International Arbitration team, has developed a Protocol on Online Case Management in International Arbitration (the “Protocol”). The 14-strong Working Group brings together arbitration, legal process and technology experts from Herbert Smith Freehills, Ashurst, CMS, DLA Piper, Hogan Lovells and Latham & Watkins. The other members of the Working Group from Herbert Smith Freehills are Vanessa Naish, Susan Field and Carolyn Wensley.
The objectives of the Protocol are twofold:
- To act as a global industry best practice and reference guide for arbitral participants on key issues around Platform adoption in arbitration; and
- To help technology providers and developers better understand the needs of arbitration users.
After a private consultation phase with leading arbitral institutions, associations, practitioners and technology providers, the Protocol was launched for public consultation on 1 July 2020. The public consultation is open until 31 August 2020. The Protocol can be accessed and any comments provided here.
For more information, please contact Charlie Morgan, Vanessa Naish, Susan Field or your usual Herbert Smith Freehills contact.
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