Due Process, Confidentiality and Impartiality: A Study on Arbitration Principles in the Post-Pandemic Digital Environment
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Two significant and somewhat unforeseen factors have impacted global progress in recent years: the rapid pace of digital advancements and the emergence of the pandemic. COVID-19 has accelerated the adoption of e-arbitration and digital characteristics in the field of arbitration, making them more frequently used for conducting arbitral proceedings. This study seeks to analyse the additional obstacles that have emerged during the pandemic and in post-pandemic times in the context of international arbitration, as well as the recommended remedies. The pandemic – in the era of digital technology – has both generated and intensified issues such as the utilisation of virtual guerilla tactics, the risks to cybersecurity, and the problems related to the obligation to disclose information. This study aims to provide a comprehensive analysis of how these problems have been addressed during and after the pandemic, including the already identified and potential future solutions. In order to do so, this study examines the impact of such features on three key concepts in arbitration proceedings: the principle of due process and the right to be heard, the confidentiality of arbitration proceedings, and the independence and impartiality of the arbitrator.
Abstract
Two significant and somewhat unforeseen factors have impacted global progress in recent years: the rapid pace of digital advancements and the emergence of the pandemic. COVID-19 has accelerated the adoption of e-arbitration and digital characteristics in the field of arbitration, making them more frequently used for conducting arbitral proceedings. This study seeks to analyse the additional obstacles that have emerged during the pandemic and in post-pandemic times in the context of international arbitration, as well as the recommended remedies. The pandemic – in the era of digital technology – has both generated and intensified issues such as the utilisation of virtual guerilla tactics, the risks to cybersecurity, and the problems related to the obligation to disclose information. This study aims to provide a comprehensive analysis of how these problems have been addressed during and after the pandemic, including the already identified and potential future solutions. In order to do so, this study examines the impact of such features on three key concepts in arbitration proceedings: the principle of due process and the right to be heard, the confidentiality of arbitration proceedings, and the independence and impartiality of the arbitrator.
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