Originally from World Arbitration and Mediation Review (WAMR)

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ABSTRACT

It is undeniable that technology has become integral to the legal sector. Technology is progressively reshaping how legal proceedings are being conducted, how national governments, courts and other institutions operate, and is also shaping the functioning of the legal professions. The Technological Competence of Arbitrators, authored by Professor Katia Fach Gómez, posits that technological competence is the key for survival and success in the legal market. The days where clients were only concerned with the legal knowledge and skills of legal practitioners to handle their disputes are long gone. Nowadays, there is widespread consensus among legal practitioners that technological skills are essential to meet and excel market expectations, even if some are still skeptical and question the significance of mastering technological skills in the legal professions. Focusing on the arbitral community, the book contends that arbitral practice has embraced the ongoing technological revolution, and that the COVID-19 pandemic further accelerated this process.

I. OVERVIEW

Professor Katia Fach Gómez’s book aims to fill a gap in the specialized literature addressing the intersection between arbitration and technology. Her book provides its readers with insight on the current issues regarding technological competence in arbitration from a legal, ethical, and practical perspective. Moreover, the book aims to be of practical use to young legal practitioners aiming to become arbitrators. To this end, it offers important thoughts on the skills and capabilities legal practitioners will need to master, especially if technological competence in arbitration is further regulated.

Cognizant of the desired flexibility of the arbitral procedure, Fach Gómez prudently refrains from making claims applicable to all types of arbitrations. Instead, she takes a more introductory approach to pave the way for other scholars to delve deeper into the study of the impact of technological competence in different sectors and types of arbitrations. Divided into seven chapters, the book employs quantitative and qualitative research methods to answer the following five “W” questions regarding technological skills in arbitration:

1. What is technological competence in the current arbitration world?
2. Why is technological competence in arbitration important from a legal and financial point of view?
3. Who has to be technologically competent in arbitration?
4. Where is arbitrators’ technological competence regulated, and
5. When do arbitrators need to be technologically competent?

This review will now examine how the book addresses each of these questions.