14 - The Use of Technology at International Commercial Courts

Summary

International commercial courts (ICommCs) are an ideal breeding ground for new technologies: delicate cross-border disputes cannot be adequately managed and resolved, if courts do not harness the potential of information and communications technologies. Mindful of this, ICommCs tend to infuse their procedures with technology, with a view to maximising efficiency and enhancing their attractiveness on the market for dispute resolution services. This chapter provides a comparative overview of the different uses of technology at ICommCs, following the typical chronological development of an international dispute: from the conclusion of the choice-of-court agreement, throughout the key stages of the proceedings (e.g. case-management conference, written submissions, taking of oral evidence), until the enforcement of the resulting judgment. The chapter assesses the impact of different technologies on ICommC litigation, not only in terms of efficiency, but also with regard to due process, and the enforceability of the resulting judgment.