Arbitration Tips-N-Tools (TNT): Round 25

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about making online arbitration (OArb) more widely available, especially in light of tech disparities, all the more in a digital world, and faced with the complexities of the Covid-19 pandemic.

Round 25: What advice do you have for arbitrators and attorneys in making online arbitration (OArb) more widely available, especially in light of tech disparities – list your top 3?

Responses:

A) Olof Heggemann

Technical risks always exist with online arbitration. But with traditional hearings, there are other risks, such as illness or issues with travel that can cause even more problems.

Showing the cost reduction, efficiency in the proceedings, and reduced travel should convince many of the benefits of online arbitration.

Perhaps having a hybrid would be a good introduction. Sometimes that real meeting is important. Many times meeting face to face is valuable – but planning for many tiring days in court or conference room is probably a very expensive and ineffective way to bring parties together.

B) Oladeji M. Tiamiyu

There is beauty in simplicity. Identify what the more popular and accessible technologies are, and use those.

Become a master of the craft. “The craft” isn’t exclusively the law anymore.

Being knowledgeable about how the technology works and providing tech support to the participants will increase their comfort with OArb.

Support government initiatives that increase investments in technology infrastructure so the digital divide is reduced in the future.

C) Myriam Seers

Arbitration is a consensual process, and the likelihood of consenting to it often decreases once the dispute has arisen. Therefore, to make OArb more widely available, contracts between parties should include arbitration clauses that provide for it.

author

Oladeji Tiamiyu

Oladeji M. Tiamiyu is a Clinical Fellow at the Harvard Negotiation and Mediation Clinical Program. Prior to joining HNMCP, Oladeji was an Online Dispute Resolution Fellow with the Resolution Systems Institute in Chicago, Illinois where he helped in developing a pilot online dispute resolution program for family law disputes. Oladeji…

author

Myriam Seers

Myriam joined Savoie Laporte as a partner in 2021 after practising for 14 years in major Canadian business law firms. She specializes in investment treaty arbitration and international commercial arbitration, with a particular focus on disputes arising from the mining, electricity (including renewable energy), oil & gas and transportation sectors.…

author

Olof Heggemann

I have a professional background from the Swedish public court system and experience from working in banking and law firms. The idea behind the founding of Eperoto is something that grew during my working years. Having a keen interest in technology I truly believe in the potential of new ways…

author

Amy Schmitz

Professor Amy Schmitz is the John Deaver Drinko-Baker & Hostetler Chair in Law at the Ohio State University Moritz College of Law. From 2016-2021 Professor Schmitz was the Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law and the Center for Dispute Resolution.…

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