Paris, 4-5 December 2017

This training on ICT in international arbitration was geared towards the needs of independent arbitrators, who, often, do not dispose of the support of an IT department.

With distant online-support from his US colleagues, Andrew Becket (Managing Director and Europe, Middle East and Africa Practice Head at Kroll, Cyber Security services) described basic processes for searching and identifying relevant evidence among a huge amount of data, and how they can be optimized by clever search strategies.

Suvi Lappalainen, who is in charge of digitization at DIS (Deutsche Institution für Schiedsgerichtsbarkeit – German Arbitration Institute), provided hands-on instructions towards organizing and storing electronic documents that are filed or created during arbitration cases, and how essential information can be globally managed by using tools available to all, such as any office program suite. Together with Justus Lauten (Innogy, Germany), she then also explained how electronic mail and cloud repositories could be used more efficiently.

Mr Lauten introduced the central issue of securing information integrity and privacy when using the internet and cloud repositories by the means of, for instance, encryption concepts, secure password management, and the use of firewalls.

At different times, lively interactions and discussions among the participants also shed light on the potential role of arbitral institutions towards promoting and securing a more conscious and efficient use of ICT in a transnational environment that is increasingly regulated by national legislators. Discussions among the members of the panel and with the audience confirmed that practical basic knowledge of ICT solutions by arbitrators and parties remains a prerequisite for better and more structured usage of ICT in international arbitration.

From the author’s perspective, this pilot event confirms the need for practical technical trainings, which would enable all players in any international arbitration proceedings to know and use those ICT tools that are i) useful for increasing all over efficiency, and ii) necessary for avoiding pitfalls, which may arise from inappropriate procedural directions or usage of unsuited ICT solutions.

This kind of event is also a basis for better understanding solutions that fashionably use or purport to use Artificial Intelligence and Big Data for achieving typical goals of a player in an arbitration case. It is hoped that this kind of event will evolve into a more standardized format attesting the ICT capabilities of any participant in a transparent manner that is widely recognized. 1



1
See also ICC Report ‘An Updated Overview of Issues to Consider when Using Information Technology in International Arbitration’ (2017), available at http://www.iccwbo.org/commission-arbitration-ADR.