Franchise mediator, arbitrator, business operations consultant, expert witness at ADR Chambers, Toronto, Canada
Answered 2 years ago
Starting with the pandemic, participants in arbitrations could not or would not meet in person to person proceedings. As a result, technology organizations like Zoom and Microsoft Meetings quickly developed programs for virtual proceedings. After some growing pains and self-education on how to manipulate these programs for different settings, arbitrators became more comfortable with virtual proceedings as they could be conducted with virtual meeting rooms and open document sharing. That process has continued since the pandemic has subsided. Witness evidence can be introduced prior to the proceedings by way of witness statements, documents can be exchanged by e-mail prior to the date of the arbitration hearing, and procedural motions or case conferences can be held virtually with the necessary paper work being delivered prior to the motion or case conference. These new procedures have resulted in significant time and cost savings as hearing rooms are no longer required, travel is eliminated or reduced, and decisions can be written without the normal delays in the judicial system. While the parties are still responsible for costs of the arbitrator, the costs of an arbitration are significantly reduced and the timing of the arbitration from start to finish can be reduced by at least 50% of the number of days in a typical judicial process without any significant changes in the procedure. More sophisticated technology is being introduced very frequently to improve virtual hearings and clearly the way of the future is here to stay.
In my role as a leader in a tech company specializing in software development, one piece of technology that has significantly aided our arbitration process is smart contract technology, particularly platforms based on blockchain like Ethereum. Smart contracts are self-executing contracts with the terms of the agreement directly written into code. This technology ensures that all parties in the arbitration process adhere to the agreed-upon terms without external enforcement, reducing the likelihood of disputes and the need for traditional legal intervention. Why Smart Contracts are Beneficial: Transparency: Each transaction and its associated outcomes are visible and verifiable by all parties. There's no ambiguity in the contract terms, which significantly reduces misinterpretation and potential disputes. Efficiency: Smart contracts automate tasks that were traditionally completed manually, speeding up the entire process. For instance, in terms of payments or settlements, the transfer of funds can be done automatically on fulfillment of the contract terms. Security: Built on blockchain technology, smart contracts offer robust security features. Once a contract is deployed on the blockchain, it cannot be altered, preventing unauthorized changes or fraud. Cost-Effective: By automating the execution process and cutting out middlemen or intermediaries typically involved in arbitration, smart contracts reduce overall costs. Enforcement: The enforcement of smart contracts is managed by the blockchain network, which means it doesn't require the traditional legal system to enforce agreements. This can be particularly useful in cross-border dealings where legal systems vary significantly between jurisdictions. Smart contracts have revolutionized how we handle agreements and disputes in business dealings, especially in fields requiring quick and reliable execution of agreed-upon terms, providing a streamlined, secure, and cost-effective alternative to traditional methods.