The technological competence of arbitrators : a comparative and international legal study / Katia Fach Gómez.
2023
K2400 .F33 2023
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Title
The technological competence of arbitrators : a comparative and international legal study / Katia Fach Gómez.
Author
Fach Gómez, Katia, author.
ISBN
9783031116810 (electronic bk.)
303111681X (electronic bk.)
9783031116803
3031116801
303111681X (electronic bk.)
9783031116803
3031116801
Published
Cham : Springer, 2023.
Language
English
Description
1 online resource (175 pages)
Item Number
10.1007/978-3-031-11681-0 doi
Call Number
K2400 .F33 2023
Dewey Decimal Classification
341.522
Summary
Arbitration is facing revolutionary changes due to new technologies irruption into the entire arbitration proceeding. Wide-ranging technical-legal concepts such as e-discovery, e-hearing, cyber-security protocol, e-deliberations, algorithmic decision-making and digital signing have become part of life. Technologys impact on arbitration is unlikely to decrease after the COVID crisis; on the contrary, how the arbitration community positions itself vis--vis technology will be a key factor in determining arbitrations future. Faced with this challenging scenario, the book discusses a novel legal topic: arbitrators relationship with this increasingly ubiquitous, rapidly-changing technology. This innovative book applies journalisms 5 W questions to the underexplored issue of arbitrators digital competence. It reaches a workable definition of what digital competence in the current arbitration context is, also providing answers to the essential question of why arbitrators digital competence is relevant from legal and financial points of view. Attention then shifts to who, with reflections on arbitrators working in a highly technological context and clarification of their relationship with other legal and non-legal actors. The book equally offers an in-depth comparative study of the question of where arbitrators technological competence is regulated, with critical analysis of soft and hard law provisions that may impose a digital competence duty. Finally, the book specifies when arbitrators need to be digitally competent and develops legal proposals regarding key procedural stages (initial conference, hearings) and legal topics (cybersecurity, data protection). The first study to scrutinise the rapidly changing relationship between arbitrators and technology, the book aims to spark a crucial debate among practitioners and scholars. Academically rigorous and using the latest legal material, it emphasises arbitrators needs, rights and duties in our technological age, presenting them alongside carefully selected practical topics. The unprecedented and well-grounded proposals for arbitrators digital competence are intended to be a call to action for its broad target audience.
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Series
European yearbook of international economic law.
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Technological competence of arbitrators.
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Table of Contents
Chapter 1. Introduction
Chapter 2. What is Digital Competence in the Current International Arbitration Context?
Chapter 3. Who has to be Digitally Competent in the International Arbitration Context?
Chapter 4. When do International Arbitrators Need to be Digitally Competent?
Chapter 5. Where is International Arbitrators Digital Competence Regulated?
Chapter 6. Why is International Arbitrators Digital Competence Relevant from a Legal Point of View?
Chapter 7. Conclusion
Case List
Analytical Index. .
Chapter 2. What is Digital Competence in the Current International Arbitration Context?
Chapter 3. Who has to be Digitally Competent in the International Arbitration Context?
Chapter 4. When do International Arbitrators Need to be Digitally Competent?
Chapter 5. Where is International Arbitrators Digital Competence Regulated?
Chapter 6. Why is International Arbitrators Digital Competence Relevant from a Legal Point of View?
Chapter 7. Conclusion
Case List
Analytical Index. .