To sum it all up, regulatory compliance has become the focus of the new arbitration software. Not only are the systems expected to be efficient, but they should also be legally safe. This implies the inclusion of properties that ensure enforceability (strong digital signatures, authenticated record-keeping) and fairness. International bodies (UNCITRAL, CIArb, SVAMC, SCCA, etc.) have paved the way with principles and guidelines emphasising exactly this balance: innovation must go hand in hand with transparency, accountability, and due process.
Ultimately, the arbitration software will do dual tasks: they will not only expedite the dispute resolution with the assistance of the digital tools (including the AI support in the respective situations) but they will also turn it into one protected by the letter of law, just like CIArb notes, ‘…it is their desire to strike the balance between newness and accountability, performance and trust…’ When arbitration platforms can solve this quandary, they will not only serve a role in modernising, legitimising, and making arbitration effective across the world, but they will also assist in transforming institutional ADR at a much more fundamental level.
This article was first published on Justice Accelerator Linkedin Newsletter: Legal Tech Decoded