By the Working Group on LegalTech
Adoption in International Arbitration
Protocol for Online Case Management in International Arbitration
The reference to an online case management platform is to software that enables arbitral participants to store, share, manage and edit case related documents and other data in a single, shared, permissioned repository.
Online case management platforms drive time and cost efficiencies throughout the arbitral process and help arbitral participants comply with their obligations to securely and effectively manage data relating to the arbitral process.
This Protocol will help arbitral participants (parties, lawyers, arbitrators, arbitral institutions or organisations and other arbitral stakeholders) develop efficient, safe and consistent procedures if adopting a shared online case management platforms in their arbitration proceedings.
This Protocol is also intended to help technology providers better understand the requirements of their users, which is expected to aid the development and enhancement of online case management platforms for use in international arbitration going forward.
What is an online case management platform?
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Finally, the Annexes provide:
An overview of considerations relevant to Platform adoption in international arbitration (Annex 1)
Additional guidance for technology providers, illustrating core processes that platforms may need to address (Annex 2)
A checklist for arbitral participants to use when adopting a Platform (Annex 3)
A list of data security and privacy questions that arbitral participants may ask Platform providers (Annex 4)
Draft wording for a potential procedural order on issues associated with Platform adoption (Annex 5)
A list of the entities and individuals consulted on the draft Protocol during the private consultation period (Annex 6). The Working Group is very grateful for all the valuable input received
Part I addresses the “what” and the “why” by:
Highlighting the benefits of, and drivers behind, the adoption of online case management platforms in international arbitration
Emphasising and supporting arbitral institutions’ efforts to integrate online case management into their internal document management systems/processes and their arbitral rules
Identifying the spectrum of case management platforms available for use in arbitration
Part I
Part II
Annexes
Part II gives practical guidance to arbitral participants seeking to use an online case management platform in their proceedings by identifying characteristics and functionality that arbitral participants should consider when evaluating a platform.
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Consultation
Please let us know your thoughts on the Protocol using the link below, or by contacting a member of the Working Group.
As the technology used in international arbitration becomes increasingly sophisticated, our clients (as the end users of international arbitration) are seeking ever more efficient and cost effective dispute resolution processes. We are therefore delighted to have been able to contribute to the production of the Protocol, which seeks to deliver a globally consistent approach to the use of online case management platforms in international arbitration. We hope the Protocol will assist all stakeholders across the arbitration community to engage with and consider how best to use online case management software to advance the efficiency and security of their arbitration proceedings.
Projects of this nature demonstrate the international arbitration community's desire to adapt and embrace new practices, and are a forceful means of shaping the future of arbitration. We all hope that the collaboration between our firms in the production of this Protocol, to the benefit of the community as a whole, can be a blueprint for future co-operation in this area. In the meantime, we commend the Protocol to you and hope that it will become a valuable and trusted tool for all arbitral participants.
“
Matthew Saunders, Head of the Global International Arbitration Practice, Ashurst
Richard Bamforth, Head of Arbitration Group, CMS
Michael Ostrove, Global Co-Chair of International Arbitration, DLA Piper
Paula Hodges QC, Head of Global Arbitration Practice, Herbert Smith Freehills
Philip Clifford QC, Partner, Latham & Watkins
Kieron O'Callaghan, Deputy Global Head of International Arbitration, Hogan Lovells
“
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