On 14 November 2024, DIS hosted a panel discussion as part of the Lunch DIScussions series, featuring the three co-heads of the DIS Rules Lab's Practice Group on Technology. The panel comprised Thomas Riehm (University of Passau), Felix Dörfelt (Addleshaw Goddard), and Paul Hauser (Clifford Chance), who recently published their Final Report on the use of technology in arbitration proceedings. Moderated by Kathrin Asschenfeldt (Baumann Resolving Disputes), the discussion delved into the integration of technology within the arbitration sphere.
Established in 2021, the practice group is part of the broader DIS Rules Clinic initiative aimed at improving the DIS Rules. Six practice groups were formed, with the technology group focusing on adapting the DIS Rules to technological advancements. Between March 2022 and December 2023, the group organised eight roundtable discussions with experts and practitioners, addressing issues such as document production, data security, technology use in hearings, case file management, risk analysis tools, and AI in arbitration. These discussions culminated in a 57-page Final Report and a top-10 recommendations summary, both accessible on the DIS website.
During the panel discussion, the group highlighted key areas from their Final Report, including recommendations on virtual hearings, case file management platforms, and AI use in arbitration. Virtual hearings have become common for case management conferences and smaller cases due to cost and time efficiency. The group recommended that the DIS Rules should allow tribunals to order virtual hearings even if one party disagrees, referencing a precedent set by the Austrian Supreme Court. They also suggested that the DIS could publish guidelines to assist less experienced parties and potentially provide a comprehensive digital platform for seamless virtual hearings. On a related note, the panel addressed the burdensome nature of filing submissions via email or ad hoc file-sharing tools, advocating for a comprehensive digital platform that facilitates both filing and document management during hearings. They emphasised the necessity for legal professionals to embrace modern technology.
Finally, the group discussed the future use of AI in arbitration, particularly for handling large volumes of documents, e-discovery, and preparing privilege logs. They cautioned against over-reliance on AI, distinguishing between AI-assisted decision-making and AI-rooted decision-making. AI should be used as a tool for data analysis, not for making decisions. The panel also recommended transparency in AI usage and advised against uploading case documents to freely available AI tools, citing data privacy and protection concerns.
The panel concluded by emphasising the importance of understanding and utilising technological tools within the arbitration community. The working group remains in contact with the DIS for future implementation of their recommendations, some of which may lead to an overhaul of the DIS Rules. This discussion underscored the critical role of technology in modernising arbitration practice and the necessity for the arbitration community, particularly in Germany, to lead in technological adoption.
Paul Hauser