July 02, 2020
Latham & Watkins has collaborated with law firms Herbert Smith Freehills, Ashurst, CMS, DLA Piper, and Hogan Lovells to develop an industry-first protocol designed to deliver a globally consistent approach to the use of online case management platforms.
In the absence of universal guidance on applying new technologies in international arbitration, the protocol aims to remove the confusion arbitral participants face about how they can practically – and cost effectively – meet data handling and cyber security obligations, and share documents securely.
The protocol covers commercial and investment arbitration as well as institutional and ad hoc arbitrations, and will act as guidance for parties to an arbitration, their lawyers, tribunal members, and arbitral institutions. It will also aid technology developers and providers to tailor their solutions and ensure their products are built for purpose.
“This initiative stands apart in its collaborative approach to tackling both new and enduring challenges in international dispute resolution,” said Bryce Williams, international arbitration associate at Latham & Watkins. “The Protocol offers practical guidance to help all arbitral participants – parties and their counsel, arbitral institutions, and tribunals – adopt online case management tools in an effective way, and will drive further innovation in the organization of international disputes as the technology underpinning these tools develops apace.”
The guidance has been launched for wider public consultation in July, with the aim of releasing a post-consultation draft later in the year.