Digital Competence of International Arbitrators by Katia Fach Gómez
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Digital Competence of International Arbitrators

Digital Competence of International Arbitrators


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International Edition


About the Book

Preliminary:
International arbitration is facing a moment of revolutionary change due to new technologies' irruption into the entire arbitration procedure. Technical-legal concepts such as remote meetings, e-discovery, e-bundling, e-hearing, remote cross examination, virtual persuasion, cyber-security protocol, e-deliberations, algorithmic decision making, algorithmic bias, encryption, and digital signatures are part of day-to-day life in international arbitration. Technology's impact on international arbitration is unlikely to decrease after the COVID crisis has been overcome; on the contrary, the way that the arbitration milieu positions itself vis-à-vis technology will be a key factor in determining the future of arbitration. Faced with this challenging scenario, the book reflects on a hitherto novel legal topic: the relationship of commercial and investment arbitrators with this increasingly ubiquitous and rapidly changing technology.

This book applies journalism's "5 W questions" to the underexplored issue of international arbitrators' digital competence. Arriving at a workable definition of what digital competence is in the current international legal context is the necessary starting point in determining who has to be digitally competent in this T-context. If attention is focused on the figure of the international arbitrator and his/her relationship with other actors in international arbitration, the question arises as to when international arbitrators need to be digitally competent. This connects with where, which is responsible for determining whether there are currently any soft or hard law provisions that impose a digital competence duty on international arbitrators, as is already the case with respect to lawyers in some jurisdictions. It should be noted that the leading arbitral institutions worldwide are gradually incorporating these technological realities into the latest versions of their rules and guidelines, which also suggests that in the near future they will have to set their sights on their arbitrators themselves. All this leads to the essential question of why international arbitrators' digital competence is relevant from a legal point of view, prompting reflection on whether Luddite arbitrators can be successfully challenged and whether technological incidents attributable to arbitrators may have effects in terms of award annulment or enforcement.

As it is the first monographic study to scrutinise the rapidly changing relationship between arbitrators and technology, the book sparks a crucial debate among practitioners and international scholars. Academically rigorous and making use of the latest legal material, the book emphasises arbitrators and practitioners' needs and presents them with carefully selected hands-on topics. The unprecedented and well-grounded proposals for arbitrators' digital competence are intended to be a call to action for its broad target audience.



About the Author:

Katia Fach Gómez, Dr iur., LLM, is a tenured Lecturer (Profesora Titular) of International Law at the University of Zaragoza (Spain). She is the author of several legal books and book chapters published in English and Spanish. Her scholarly articles have appeared in a number of international peer-reviewed law reviews. Her latest edited volume is The Award in International Investment Arbitration (OUP 2022-2023) and her latest English monograph is Key Duties of International Investment Arbitrators (Springer 2019). Katia graduated summa cum laude from the University of Zaragoza, holds a European PhD and an LLM from Fordham University (NY-US) (summa cum laude and Edward J Hawk prize). She has taught international investment and commercial arbitration, ADR, global law, international litigation, conflict of laws, etc., at numerous US, European and Latin American universities. She has been a recipient of a Humboldt scholarship for senior scientists. She is a member of the International Law Association (ILA), the International Academy of Comparative Law and the European Society of International Law (ESIL) and is elected member of the editing board of various legal journals. Katia has been designated (2020-2026) by the Kingdom of Spain to the Panel of Conciliators of the International Centre for Settlement of Investment Disputes (ICSID). She acts regularly as arbitrator and mediator in international and domestic disputes and has been involved in various key international litigation cases in the USA and Europe.



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Product Details
  • ISBN-13: 9783031116803
  • Publisher: Springer International Publishing
  • Publisher Imprint: Springer
  • Height: 234 mm
  • No of Pages: 150
  • Spine Width: 13 mm
  • Weight: 489 gr
  • ISBN-10: 3031116801
  • Publisher Date: 12 Jan 2024
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Sub Title: An Emerging Legal Duty or Merely a Moral Desideratum?
  • Width: 156 mm


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