This article provides a coherent analytic study of the effectiveness and deficiencies of cyber arbitration as a prospering adjudication mechanism on legal and technological grounds.
Author
Nawal Hend, Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
In a century of rapid intelligence mechanical and technological revolution, the legal field as no exception has been substantively influenced and affected, whether by imposing regulations for the usage of intelligent cyber means in society, or through the implementation and adoption of cyber mechanisms in the legal industry itself.
This has necessarily evoked the question of adopting cyber platforms and instruments as an integral agent in the adjudication process in general, and arbitration in specific.
Thereof, cyber arbitration both as a theory and application has emerged as a controversial and developing subject matter. Cyber arbitration refers to the various uses of the Internet and cyber technologies as a method of conducting arbitral procedures.
Cyber arbitration was successfully adopted and enforced under international conventions and treaties, along with the entailment of cyber arbitration platforms within the international arbitration institutions such as the Permanent Court of Arbitration.
However, certain challenges have surfaced post numerous domestic and international trials of cyber arbitration as a dispute resolution mechanism in many fields -due to its joint nature- whether on a mere legal basis, or technological grounds. Thereof, reforms have been proposed as an effort of amending the loops and inadequacies of cyber arbitration.
This article shall provide a coherent analytic study of the effectiveness and deficiencies of cyber arbitration as a prospering adjudication mechanism on a mere legal, and technological grounds through a comparative study between traditional and cyber arbitration undermining the ongoing technological revolution, and the capitalist global economic scene.
This article shall examine the interplay between cyber arbitration and sociology as fundamental element of the adjudicatory process. In addition, it proposes solutions and provides a checklist for parties as a way to conduct risk management strategies for efficient implementation of cyber arbitration.
Published in: International Journal of Law
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