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…
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…
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,…
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…
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…
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…
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…
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…
“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…
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…
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…
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…
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…
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…
At the time the New York Convention (1958) and the UNCITRAL Model Law (1985) were being drafted, the possibility of sophisticated technology rather than natural persons running and controlling an arbitration must have seemed far-fetched. But, at the same time, the language employed in both the Convention and the Model Law did not expressly exclude…
The views of the party-appointed experts in an arbitration may differ substantially, making it difficult for tribunals to navigate within the multiple areas of disagreement. Even if the disagreed issues can be isolated (e.g. via means of the joint expert report), understanding the sensitivity of the amount claimed to the individual assumptions may not be…
The pandemic has taught us to be flexible and adaptable and has opened up new possibilities, including the transformative use of technology in dispute resolution. While I have written on the use of technologies, including artificial intelligence (“AI”), in arbitration here before, my goal in this post is to provoke further thinking on the potential…
Social media are meant to facilitate connections. They make it possible to meet inspiring people from all over the world, especially now that we are subject to travel bans due to the protracted sanitary emergency. Connections are indeed a wonderful asset. However, as professionals involved in disputes, have we reflected thoroughly on how these connections…
Arbitration Tech Toolbox is a new series on the Kluwer Arbitration Blog that aims to stimulate broader discussion and debate in the arbitration community on arbitration-related technology, its impact, and its future. We believe everyone stands to gain from a discussion of best practices surrounding the ongoing adoption of new technologies and identification of available…
