'Industry standard' for use of arbitration platforms moves a step closer as pan-firm collaboration receives support

Plans to standardise the approach to online case management in international arbitration are a step closer to reality, after a draft protocol received positive feedback from an industry-wide consultation. Today, an updated version of the Protocol for Online Case Management in International Arbitration has been published, reflecting the benefit of input from a wide spectrum of arbitrators, arbitral institutions, technology developers, parties to arbitrations and their lawyers.

Developed by a group of lawyers from six international law firms, the Protocol aims to facilitate efficient and secure document sharing, and improve arbitral participants' ability to meet obligations relating to data handling and cyber security by setting out, in one place, relevant and practical guidance. The Protocol, which is the product of a collaborative working group involving individuals from DLA Piper, Herbert Smith Freehills, Ashurst, CMS, Hogan Lovells and Latham & Watkins, aims to promote a globally consistent approach to online case management processes. It is anticipated that the Protocol will be of significant value to arbitration practitioners, parties to international arbitrations and to arbitrators as they adapt to the increasing use of technology in international dispute resolution, a development which has been accelerated by the COVID-19 pandemic.

The consultation, which closed at the end of October, reveals broad support from across the arbitration community. Key findings include:

• a desire to encourage the process efficiencies that end-to-end case management software can offer, in particular when adopted in the early stages of proceedings;
• recognition that a standardised approach should reduce the potential for technical mismatches and resulting information-sharing difficulties;
• a determination to ensure emerging technologies can be harnessed to boost efficiency and encourage innovation, for the benefit of all arbitral participants.

"DLA Piper is proud to announce the publication of this updated Protocol. The positive feedback and engagement we received as part of the consultation process reflect the growing recognition of the importance of thoughtful and intuitive new technologies in international arbitration. With the assistance of input from law firms, arbitrators, arbitral institutions and technology providers, we have worked with other firms to prepare comprehensive and practical guidance for arbitral users seeking to store, share and manage data securely. This collaborative initiative aligns with our firmwide radical change agenda, addressing the expanding role of technology and innovation in the legal sector, and we hope the Protocol will become an effective instrument for arbitral users around the world" said Maria Scott, Senior Associate at DLA Piper, and member of the Protocol’s working group.

Michael Taylor, Associate at Hogan Lovells, said: "Through the final version of the Protocol, we intend to help shape discussions around the role of new technologies in the arbitration process. Securing a consistent approach to arbitral procedures and cybersecurity across the industry is vital. Looking ahead, we believe this will become even more topical in a post COVID-19 world, as we see growing disputes relating to the use of data, and as flexible working becomes more common."

The Protocol, which has been in development since May 2019, is of universal application and designed to be flexible so as to be of assistance in all kinds of international arbitrations, regardless of jurisdiction, subject matter or applicable rules. In addition to setting out guidance for parties to an arbitration, their lawyers, arbitrators and arbitral institutions, the working group also hopes that the Protocol will assist technology developers and providers to tailor their existing products and to identify areas for future development.