Leveraging Technology for More Cost-Effective Arbitration of Cross-Border Commercial Disputes: An Introduction to the Range of Possibilities with a Focus on MSMEs - Journal of Technology in International Arbitration - Vol. 1, No. 1

Author(s): 

Jack Graves

Page Count: 

12 pages

Media Description: 

1 PDF Download

Published: 

June, 2015

Jurisdictions: 

International

Practice Areas: 

Arbitrators and Arbitral Tribunals,

Challenge of Arbitrators,

Capacity and Qualifications of Arbitrators,

Commercial Disputes,

Online Arbitration,

International Character of Dispute,

International and Transnational Law,

Existence and Validity of Agreement to Arbitrate,

Enforceability of Arbitration Agreements,

Contents of Arbitration Agreement,

Defects and Invalidity,

Dispute Resolution & Litigation,

ADR,

Applicable Law,

Enforceability,

Enforcement of Arbitral Awards,

New York Convention

Tags: 

Technology

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Description: 

Originally from Journal of Technology in International Arbitration

Preview Page

 

Online dispute resolution (ODR)1 is a hot topic when it comes

to high-volume, low-value disputes.2 The utility is obvious where

the nature of certain disputes is often largely repetitive, and the

cost of individualized resolution is often prohibitive when

compared to transactional values. The value proposition in this

sort of ODR is often achieved through a “layered” or “sequenced”

system in which the majority of disputes are resolved by

algorithm,3 thereby reducing the overall average cost to a level

commensurate with the value of the transaction from which the

dispute has arisen. Thus, technology is used both in connecting

the various participants online, as well as the process of resolving

many of the actual disputes, and the result is a more cost-effective

dispute resolution mechanism.

 

 

Perhaps less obvious, but of equal importance, a variety of

technology uses may be of significant value in resolving businessto-

business (B2B) disputes. While these B2B disputes are far less

likely to fall into the high-volume, low-value category more

commonly addressed by ODR, many will involve relatively modest

amounts in dispute, such that a more cost-effective mechanism

for resolving those disputes may be particularly valuable. This

essay focuses, specifically, on the use of technology in arbitration

of B2B disputes, especially disputes involving “micro, small, or

medium-sized enterprises” (MSMEs),4 to deliver a more cost
effective final award.