Arbitration Tech Toolbox

2024 in Review, Arbitration Tech Toolbox, Artificial Intelligence, Intellectual Property, Online Dispute Resolution, Technology

(WIPO Arbitration and Mediation Center) and (Rajah & Tann Asia)/ /Leave a comment

In 2024, the relationship between arbitration and technology continued to resemble a thriller. While integrating technology into arbitration offered the promise of new opportunities, it also introduced new layers of complexity, both in terms of procedure and in terms of disputes arising from technology itself.   Arbitration-Related Technology Arbitration-related technology is ever-developing, as are the…

Arbitration Tech Toolbox, Artificial Intelligence, Technology

(DMDB Law) and (Université Paris-Saclay)/ /Leave a comment

Emotion AI, also known as affective computing, is a specialized field within artificial intelligence that recognizes and interprets human emotions. This is primarily achieved through analyzing facial expressions, voice patterns, and choice of words. Having found applications in various domains such as health and defense, the market for emotion AI is experiencing substantial growth, currently…

Arbitration Tech Toolbox, Artificial Intelligence, Black Box, Technology

(Brunel University London)/ /Leave a comment

Artificial Intelligence (“AI”) is the buzzword of the day. It has crept into every pore of society, and arbitration has not evaded this trend. The main question raised by commentators and the public is whether AI will render human involvement obsolete, or at least reduce it to a bare minimum. In the context of arbitration,…

Arbitration Tech Toolbox, Arbtech, Artificial Intelligence, Deepfakes, Technology

(ArbTech)/ /1 Comment
ArbTech

Most of you will be familiar with ChatGPT and some will even be familiar with Midjourney and Stable Diffusion, but the recent launch of another type of Generative AI service has flown under the radar in the wider media as of now. However, it poses some of the most important practical and conceptual questions as…

Arbitration Tech Toolbox, Dispute Resolution, Technology

(Essex Court Chambers) and (CMS Cameron McKenna LLP)/ /Leave a comment

Over the last year, the potential for Generative AI in the legal services market has shaken the legal profession.  While its impacts are not yet fully understood, many believe that it will transform many aspects of legal practice. Of course, technology isn’t new to the profession but to date almost all technology has been used…

2023 in Review, Arbitration Tech Toolbox, Artificial Intelligence, Blockchain, Intellectual Property, Technology

/ /Leave a comment

The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. Contributing writers continued to show interest in the resolution of blockchain-related disputes, as well as the development and use by arbitral institutions of…

Arbitration Tech Toolbox, Artificial Intelligence, Deepfakes

(University of Cambridge)/ /Leave a comment

An unsteady camera lens captures figures enshrouded in the flickering semi-darkness of the room. Men in suits whisper in Spanish over a heavy wooden table. The Equatorian judge, his face captured by the concealed camera, stands up, signalling acceptance of the proposition: his decision for a $3 million bribe. This scene was forever etched into…

Arbitration Tech Toolbox, Arbtech, Technology, Videoconferencing, Virtual hearings

(ArbTech) and (3 Verulam Buildings & ArbTech)/ /Leave a comment
ArbTech

Just when it seemed that the tech industry had turned its back on futuristic, immersive digital worlds, often called the metaverse, Apple launched its first Mixed Reality headset, the Apple Vision Pro, on June 5, 2023. Expected to go on sale in the U.S. in early 2024 for $3,499, the Apple Vision Pro signals Apple’s…

Arbitration Tech Toolbox, Artificial Intelligence, ChatGPT, Privacy

(Ludwig-Maximilians-Universität München) and (ArbTech)/ /2 Comments
ArbTech

The prospect of integrating generative artificial intelligence (AI) into the adjudicatory decision-making process is not as distant as one might think. In February 2023, it was reported that a Colombian judge used ChatGPT in deciding a health insurance dispute. The judge asked both decisional and research questions and integrated those responses into his judgment. Another example comes…

Arbitration, Arbitration Tech Toolbox, Bitcoin, Blockchain, Ethics

(Jindal Global Law School)/ /2 Comments

I first discovered the resemblance between the concepts involved in blockchain arbitration and John Rawls’ ‘veil of ignorance’ while conducting research on the metaverse and arbitration. With the recent enforcement of a blockchain arbitration award by a Mexican Court, it is appropriate to take a step back and analyze the relevance of Rawls’ 1971 theory…

Arbitration Tech Toolbox, Artificial Intelligence, Black Box, Regulations, Technology

(Simmons & Simmons LLP), (Simmons & Simmons), and (FERRERE)/ /Leave a comment

A black box artificial intelligence (“AI”) model is one “created directly from data by an algorithm, meaning that humans, even those who design them, cannot understand how variables are being combined to make predictions” (see a more detailed discussion here). That we do not understand the way an AI reaches its conclusions is creating discomfort…

Arbitration Tech Toolbox, Artificial Intelligence, Bias, Ethics

(Aavagard LLP)/ /Leave a comment

Introduction ChatGPT is short for “Chat Generative Pre-Trained Transformer”.  It is an artificially intelligent text generation bot that can have a conversation.  It does so by using a language processing algorithm called a “Transformer”, which generates natural language responses to user input. There are various user platforms, for example, https://openai.com/blog/chatgpt.  ChatGPT is simple, like any…

Arbitration Tech Toolbox, Artificial Intelligence, Cryptocurrency, Online Dispute Resolution, Technology

(Hogan Lovells) and (K&L Gates Straits Law)/ /Leave a comment

Given the protean nature of technology, it has the propensity to evolve in ways that may surprise even the keenest observers. As such, the time is ripe to take stock of developments in relation to the new technologies discussed in our earlier article from 2018, such as Big Data, blockchain, machine learning and text mining,…

Arbitration Tech Toolbox, Artificial Intelligence, Bias, Ethics, Fraud, Technology

(University of Cambridge)/ /Leave a comment

International arbitration is a prime example of the power and complexity of combined human minds. It is a marvel of human cooperation and ingenuity that strangers forego barbarism in favour of peaceful resolution – even more so when they do it cross-borders, on the unlikely belief that their interests will be guarded by yet another…

Arbitration, Arbitration institution, Arbitration Procedure, Arbitration Tech Toolbox, ICC Arbitration, Technology

, (Labgold Law)/ /Leave a comment

In October 2022, the ICC launched its new digital case management platform, ICC Case Connect. Although not mandatory, parties are encouraged to use this new system, which is touted as a platform that “facilitates communication and document-sharing and offers a secure, dedicated, online space in which all case documents and information are centralised and easily…

Arbitration Tech Toolbox, Cross-examination, Technology, Virtual hearings

(LALIVE)/ /Leave a comment

Now more than ever, technology is an integral part of hearings. Cross-examination of witnesses by videolink and streaming to remote participants are now commonly accepted; real-time transcription has become the norm wherever budget allows; and electronic presentation of evidence (EPE) is frequently used in cross-examinations. These technologies have changed the way in which we present…

2022 in Review, Arbitration Tech Toolbox, Crypto, Cybersecurity, Cybersecurity Protocol, Metaverse, Smart Contracts, Technology, Virtual hearings

and (Peter & Kim)/ /Leave a comment

The year 2022 was a busy one at the intersection of technology and international arbitration, both for the arbitration community and for the Kluwer Arbitration Blog. Virtual hearings further cemented their status as a mainstay of arbitral practice; we saw a burst of guidance, soft law instruments and rule-setting activity; and our Arbitration Tech Toolbox…

Arbitration Tech Toolbox, Metaverse, New York Convention, Smart Contracts, Technology

(Skywards Law)/ /Leave a comment

While the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) has been one of the driving factors behind the success of international arbitration, its provisions have not evolved in parity with technological advancements, leading to concerns that the Convention may not survive the test of technology. One cause for concern…

Arbitration Tech Toolbox, Cybersecurity, Soft Law Instruments, Technology

and (Hui Zhong Law Firm)/ /Leave a comment

“Dear Arbitrator, This is your hacker. You do not know me, but I already know you quite well. I am silently waiting for my opportunity to simply click and collapse your notebook. I have nothing against you; it is simply that you are a keeper of gold: DATA. And not any type of data; it…

Arbitration Tech Toolbox, International arbitration, Technology, UNCITRAL

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From 28 March to 1 April 2022, Working Group II of the United Nations Commission on International Trade Law (UNCITRAL) held a Colloquium to explore legal issues related to dispute resolution in the digital economy and to identify the scope and nature of possible legislative work. Forty-eight member States, 27 observer States and 57 invited…

Arbitration Rules, Arbitration Tech Toolbox, Blockchain, Cryptocurrency, Digital Dispute Resolution Rules, LegalTech, Technology

(Charles Russell Speechlys LLP)/ /Leave a comment

At the YSIAC Conference 2021 ARBXTalk symposium at the end of 2021, it was noted that “[a] consensus shared amongst the panellists was that arbitral disputes surrounding [cryptocurrencies, blockchains and non-fungible tokens; collectively, ‘digital assets’] do not differ greatly from disputes in other industries beyond the change in underlying subject-matter of the disputes.” Yet even…

Arbitration Tech Toolbox, Blockchain, Ex Aequo Et Bono, Party autonomy, Res Judicata

(O.P. Jindal Global University)/ /1 Comment

On 28 May 2021, for the first time in blockchain arbitration history, Mexican courts enforced an arbitral award relying on a blockchain arbitration protocol (“Blockchain Arbitral Award”), as explored in the report found here (“Carrera Report”) (see the Appendix for the Blockchain Arbitral Award, which is in Spanish).   This decision is of great significance for…

Arbitration Tech Toolbox, Innovation, Metaverse, Online Dispute Resolution, Technology, Videoconferencing, Virtual hearings

(MetaverseLegal) and (Longriver Investment Partners)/ /Leave a comment

A lot has been said about virtual reality (VR) and the metaverse in recent months, but what is it like to actually use it? With one of the authors having recently organised the first-ever gathering in VR for international arbitration practitioners, we share some thoughts on the potential and limitations of this new medium for…

Arbitration Tech Toolbox, Best practices, CIArb, Cybersecurity, Due process, IT, Technology

(Peter & Kim)/ /Leave a comment

The Chartered Institute of Arbitrators (“CIArb”) has just issued its fifteenth Guideline, the CIArb Framework Guideline on the Use of Technology in International Arbitration (“CIArb Technology Guideline” or “Guideline”).  To enhance our readers’ Arbitration Tech Toolbox, Kluwer Arbitration Blog has taken the opportunity to interview Dr. Gordon Blanke, who is one of the seven members…