The COVID-19 crisis had only hastened the
already existing need for modernisation of the cross-border dispute resolution
in the surrounding characterised by the fast-growing advances in technology.
Multiple paths of cross-border dispute resolution digitalization may be
identified. Besides effects deriving of national adjudication authorities
procedure digitalization (internal civil procedure), we witness development of
instruments and practices to that effect exclusively for cross-border dispute
resolution in international arena. Raise of Artificial Intelligence affects
legal practices via available data bases and communication tools. Most
prominent examples are with taking of evidence abroad and search for a foreign
law. Already existing EU legislative tools provide for modern technologies in
taking of evidence and service of documents. Legislative advocates for the
broader judicial and administrative cooperation including the one conducted
electronically. Well functioned administrative (Central Authority) and judicial
cooperation (European Judicial Network, Hague International Judges
Network)HIJN) rely on IT resources. HCCH is for a long time working on the
development of electronical case management through the platforms iSupport and
iChild. Still, those mechanism are only the matter of choice for the case
handlers. In the end of 2020 the European Commission adopted a package of
initiatives to modernise the EU justice systems, including the digitalisation
of justice in the EU. It is question on time when the digital channel will
become the default option in EU cross-border judicial cooperation. This is
particularly true for the online dispute resolution (ODR), accepted as in
e-commerce, internet and consumer dispute resolution. The rise of blockchain
transactions and other distributed ledger technologies and smart courts features
new challenges for cross-border litigation as well. This entails the changes
and adjustments in the national judicial and administrative systems. The
evolved concept of justice that has been shaped in a digital world calls upon
the advanced education of future lawyers.
- Teacher: Martina Drventić Barišin
- Teacher: Mirela Župan
- Assistant: Giulia Gabrielli
- Assistant: Jura Golub