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(c) Live transcription – for evidentiary hearings, live transcription is particularly
helpful because it allows all the parties to look at the questions asked and
answers given especially when there is the use of interpretation.
Technology still has technical constraints, even if not, there are practical issues
in international arbitration proceedings conducted virtually, for instance, internet
connection problem or parties and their witnesses located in different time zones.
Consequently, the parties could also object to virtual hearings as being procedurally
unfair to them which can include arguments that the body language of the witnesses
is not apparent or that the witness could be secretly ‘coached’ behind the camera. Be that
as it may, providers of ODR platforms and other digital tools should be encouraged by
the present circumstances and might have started engineering new innovative solutions
as the current pandemic has further validated the notion that there is a future for
technology in dispute resolution. Technology and innovation have been part of our
human evolution including the transformation in the legal and dispute resolution sectors.
To quote a statement said to be misattributed to Thomas J. Watson chief executive of
International Business Machines (IBM) in the 1940s: ‘I think there is a world market
for maybe five computers.’ How many of us would have imagined our mobile phones
have turned into mobile computers today? Or even the communication in international
arbitration proceedings via emails and online applications which can be managed using
our smartphones? Whilst the pandemic is not deserving of any compliment, it accelerated
the process of technology adoption, which previously might have been met with some
resistance for various reasons.
V. WHAT DO WE WANT FROM TECHNOLOGY
AND ARTIFICIAL INTELLIGENCE?
In the 1986 FIFA World Cup quarter-final match between Argentina and England,
Argentinian soccer star Diego Maradona scored the first goal using his hand (infamously
known as the ‘Hand of God goal’). This was not detected and not only was Maradona
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