Digital Transformation in International Arbitration: Reconfiguring Legal Frameworks and Procedural Integrity in the Algorithmic Era
Description
Abstract
The rapid digitalization of dispute resolution has fundamentally repositioned international arbitration at the intersection of technological innovation, legal theory, and institutional adaptation. This study critically examines how virtual hearings, artificial intelligence (AI)-assisted tools, and blockchain-based evidence management systems interact with arbitration's foundational principles of party autonomy, confidentiality, neutrality, and due process. Through systematic analysis of institutional rules, comparative legal frameworks, and regional adoption patterns across 45 jurisdictions, this research reveals significant tensions between technological efficiency and procedural legitimacy. The findings indicate that while digital tools enhance cost-efficiency and global accessibility, they simultaneously introduce algorithmic bias risks, cybersecurity vulnerabilities, and procedural inequalities that threaten the consensual nature of arbitration. The study proposes a harmonized regulatory framework integrating the ICCA-NYC Bar Cybersecurity Protocol with adaptive ethical standards for AI governance. Results demonstrate that 78% of arbitral institutions now mandate digital protocols, yet significant regional disparities persist, creating a two-tier system of digital access. The paper concludes that arbitration's future legitimacy depends on balancing innovation with principled safeguards, requiring arbitrators to develop technological competence equivalent to legal expertise.
Keywords: Digital arbitration; artificial intelligence; party autonomy; cybersecurity; algorithmic bias; online dispute resolution
Files
30.pdf
Files
(409.8 kB)
| Name | Size | Download all |
|---|---|---|
|
md5:338a03c7d94d1f7b17633f0f2115eaab
|
409.8 kB | Preview Download |