Cross-border Disputes Resolution in a Digital World

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.