Page 98 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

the pandemic to conduct their dispute resolution processes as arguably it is a composite
of digital or technological tools and applications, many are already in existence as well

as adopted for a while now. For instance, it is already common for arbitrators located
33
in another geographical location other than the parties to conduct preliminary meetings

via videoconferencing.
The use of technology in dispute resolution today, in a way regurgitates existing

tools that we are already familiar with and many have been using those tools. They exist
as different ‘blocks’ of components that can function on their own or even assembled

to produce what might be said to be a hybrid virtual hearing or full virtual hearing that
we have found refuge in during the pandemic. A non-comprehensive list of these
components are as follows:

(a) Real-time communication – this is likely to constitute the most important
and crucial aspect of virtual hearings. Videotelephony provides for

the reception and transmission of video-audio between the users or parties
located in different locations, in this case for the evidentiary hearing of
the arbitration with the parties, arbitral tribunal, counsels and experts not

being able to be physically present in one venue.

(b) Document storage and sharing in the ‘cloud’ – this is fast gaining popularity
not only for counsels and experts working on the same team but in different
geographical locations but also for counsels for the parties to have a set of

agreed bundles to be used for the arbitral proceedings. In non-virtual hearings,
parties travelling to the arbitration hearing venue need not carry with them

voluminous hearing bundles but have everything stored electronically.
Similarly, this is also beneficial in virtual hearings.

33 Referring to Professor Richard Susskind, a world leading author on future of legal services, in his book
The Future of Law, ‘he predicted that in the future, lawyers and clients would communicate via email. This revelation
was shocking at the time, especially to those working in the legal system; however, transmitting communication
via email is now commonplace for lawyers and their clients.’ Bernard Marr, ‘The Future of Lawyers: Legal
Tech, AI, Big Data And Online Courts’ Forbes (New Jersey, 17 January 2020) <https://www.forbes.com/sites/
bernardmarr/2020/01/17/the-future-of-lawyers-legal-tech-ai-big-data-and-online-courts/#56423169f8c4> accessed
1 April 2021

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