Online Arbitration - Solution for Commercial Disputes During and After the Crisis -
Online Arbitration - Solution for Commercial Disputes During and After the Crisis -

Author(s): Bazil Oglindă
Subject(s): International Law, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: online arbitration; legal digitalisation; arbitration; alternative dispute resolution methods; due process; efficient arbitration;
Summary/Abstract: Adapting justice to the new global status quo is the challenge of the year for courts of law and arbitral institutions. But in such moments of crisis in which the entire judicial system (including private dispute resolution mechanisms) risks to collapse if they do not adapt fast and efficient, big steps in its evolution arise. The switch to online arbitration becomes almost natural in these times. Arbitration institutions and arbitrators face the challenge to rethink and reimagine themselves in this new digitalised era, while still complying with the requirements of the law for a due process and effective dispute resolution. The main objective of this paper is to present and analyse the legal instruments and framework that can be used by arbitrators, lawyers and arbitral institutions as tools to organising efficient online procedures without any prejudice to all the due process guarantees and other fundamental rights and principles of the parties. The result of the study is that the system is prepared to sustain online and digitalised proceedings, but the agreement and openness of the parties is essential in implementing and applying these tools to their dispute in arbitration.

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