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วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

not punished, but the goal was also allowed, leading to England crashing out of the
competition. Though this was catastrophic, life goes on and this unforgettable incident

is still retold today with fascination. However, if Maradona were to play in the last 2018
tournament in Russia, he is likely to be shown a red card and sent off because of Video

Assistant Referee (VAR). The VAR is not an AI per se but an extra pair of eyes which
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is an example of technological innovation in sports and as a consequence, we may now
achieve ‘near-perfect’ competition. Supporters of VAR are likely to celebrate such efficiency
and fairness whereas opponents may argue that competitions without controversies

are dull and lifeless. Richard Susskind in The end of lawyers posited that the legal
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profession will be taken by two forces. First, by a market pull towards ‘commoditization’

and pervasive development and second, an uptake of information technology.
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Nevertheless, we accept that technology has its advantages and usefulness in aiding
the dispute resolution process. Lawyers handling cross-border disputes no longer work
in isolation. They are either expected to communicate with their clients or clients’

personnel located overseas or work with lawyers or experts in other jurisdictions. It is
not difficult therefore to imagine the volume of communication and document exchanges

expected and how technology will be of tremendous help.
In international arbitration, lawyers are often expected to work within tight

deadlines. Thus, efficiency is important and it can be achieved with the help of
technology. ‘Cloud-based’ collaborative applications now allow multiple users located
in different geographical locations and time zones to systematically work together.

As mentioned earlier, some applications allow data analysis and this can help lawyers see
and uncover information that they could have missed if the tasks were to be carried out
manually. Meanwhile, international arbitrators are likely to be swarmed with the massive

volume of documents and information. If engineering and construction are involved,
these documents are likely to include drawings and technical specifications which are
certainly not a pleasure for arbitrators to carry with them for hearings overseas.

34 Written into the laws of the game by the International Football Association Board (IFAB) in 2018, see
<http://www.theifab.com/news/historic-step-for-greater-fairness-in-football> accessed 1 April 2021
35 Richard Susskind, The End of lawyers? Rethinking the nature of legal services (OUP, 2008) 27-28
36 ibid 28.

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