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5 - Case Study

The Legislator's Perspective

from Part I - The Use of Technology in International Arbitration

Published online by Cambridge University Press:  12 January 2018

Maud Piers
Affiliation:
Universiteit Gent, Belgium
Christian Aschauer
Affiliation:
Karl-Franzens-Universität Graz, Austria
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Summary

In this chapter, we will discuss the legislator's perspective towards ‘the Brave New World of Arbitration’ and the technological revolutions that brought it about. We will take the Dutch legislator as an example and report on its various initiatives, primarily with respect to arbitration but also, where relevant, with respect to court litigation. We will conclude that, at present, the Netherlands is one of the first countries where the use of ICT in arbitral proceedings and e-arbitration obtained a legal basis. This is surprising, considering the technological developments of the last thirty years and the potential impact they have on the proceedings.

Type
Chapter
Information
Arbitration in the Digital Age
The Brave New World of Arbitration
, pp. 99 - 125
Publisher: Cambridge University Press
Print publication year: 2018

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