Revue - Les Cahiers de l'Arbitrage N°2 - 2024 - 48

ARTICLES - DEBATES
be it boutique law firms, arbitrators or tribunal secretaries, all of whom have
different work approaches and understandings of technology. Thus, a universal bare
minimum technology framework could be useful in standardising some practices.
Secondly, and relatedly, the cost of investing in technology that would overhaul
the current system would be prohibitive for any one individual player. Thirdly,
without such a vision, there may be a misunderstanding as to the expectations for
such digital transformation. For example, there is a fear that generative AI - in its
current state of reliability and accuracy - will replace the decision-maker. 18
fear may lead to paralysis in engaging in any form of technological change.
Such
II. - Strategy for Successful Digital Transformation
What emerges from the above is a few notable factors that could help launch
change.
First, we need agents of change. As a system without an overarching custodian, a
clear vision that can be executed for the good of the whole is difficult to define. The
challenge is said to be " more of a leadership [one] than a technical one " and requires
" management " . 19
Although all these actors play an
So without a custodian, there is no management. Reflecting on
how change was achieved in the past in order to identify where the leadership lies,
a " series of social actors with distinctive features " can be identified, namely: essential
actors, service providers and value providers. 20
important role in the development of international arbitration and should contribute
to the extent possible, this article suggests that the primary instigators of change in
international arbitration are the institutions and influential individuals, or influencers.
Let's first look at the arbitral institutions. Arbitral institutions are ideally
placed to develop a vision and execute on the same. They are experienced in
the administration of arbitrations, which necessarily includes repetitive procedural
responsibilities. 21
In particular, institutions have the remit to handle a number of
important procedural decisions prior to the constitution of the tribunal. 22
Most of
these decisions arise from fairly definitive fact patterns that the mature institutions
will have significant experience in administering. Thus, subject to GDPR, they have
access to significant pools of data to feed and educate various AI tools, thereby
improving the accuracy of outcome and speed of delivering the same. They are also
incentivised to improve their services, not only as a result of the ever-increasing
18. As discussed in Maxi Scherer, " Artificial Intelligence and Legal Decision-Making: The Wide
Open? " , in Maxi Scherer (ed), Journal of International Arbitration, (Kluwer Law International 2019,
Volume 36, Issue 5), pp. 539-574.
19. G. Westerman, " The First Law of Digital Innovation " , 8 April 2019, available at https://
sloanreview.mit.edu/article/the-first-law-of-digital-innovation/ , last accessed on 15 June 2024.
20. E. Gaillard, " Sociology of International Arbitration " , Arbitration International, 2015, 31, 1-17.
21. R. Gerbay, ''Chapter 5: A Realistic Representation of the Role of Institutions: Arbitral Institutions
as Ancillary Participants in the Adjudicative Process'', in R. Gerbay, The Functions of Arbitral Institutions,
International Arbitration Law Library, Vol. 38 (Kluwer Law International 2016), pp. 185-212.
22. R. Gerbay, ''Chapter 3: An Overview of the Activities of Arbitral Institutions: Institutional
Arbitration as a Multifacted Reality'', in R. Gerbay, The Functions of Arbitral Institutions, International
Arbitration Law Library, Vol. 38 (Kluwer Law International 2016), pp. 55-116.
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The Paris Journal of International Arbitration 2024‑2

http://https:// http://sloanreview.mit.edu/article/the-first-law-of-digital-innovation/

Revue - Les Cahiers de l'Arbitrage N°2 - 2024

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