Tracing Due Process: A Review of the Use of Technology in Chinese Arbitration
摘要
Technological progress manifests in all elements of Chinese arbitration, from the filling of requests to the issue of arbitral awards. Arbitration institutions in China have embraced technology by updating their rules, by developing innovative case-management platforms, by advertising their online dispute resolution services and by digitalizing their processes. At the same times, parties have grown accustomed to the daily use of digital services in arbitration. In this transformative age, the adoption of technology may be particularly effective in enabling Chinese arbitration to meet the increasing demands of an ever-growing caseload and the expectation that cases will be resolved in a timely and cost-efficient manner. However, if marketing and publicity are prioritized over substance, the improper use of technology may undermine the core values that animate the arbitration process. This chapter provides a comprehensive overview of the adoption of technology in Chinese arbitration. It covers the most recent developments, it outlines current arbitral practice, and it examines the related case law. The chapter also provides recommendations on bringing the use of technology in arbitration in line with the principles of due process.