Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Virtual Arbitration Proceeding: Promising Efficiency, Reaping Risks

Authors
Herliana Herliana1, *, Sujayadi Sujayadi2
1Associate Professor, Faculty of Law, University of Gadjah Mada, Depok, Indonesia
2Doctorate Student Faculty of Law, University of Gadjah Mada, Depok, Indonesia
*Corresponding author. Email: herliana@mail.ugm.ac.id
Corresponding Author
Herliana Herliana
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_57How to use a DOI?
Keywords
Virtual Arbitration; Confidentiality; Efficiency
Abstract

Electronic administrative process, virtual arbitrations proceedings and document review-based arbitrations have been shown to reduce costs and increase efficiency. However, these conveniences bring significant risks which may harm or degrade the nature and advantages of arbitration. The risks of a virtual trial include the level of security (cybersecurity), privacy, confidentiality, and trust. Singer mentioned two risks related to cybersecurity, namely data theft and cyberattacks. The choice of a virtual arbitration hearing cannot be based solely on effectiveness and efficiency, but must also look at the side of legal certainty, confidentiality of the process, and suitability for the type of case being faced. This study aims to find the ideal form of conducting arbitral proceedings online, by looking at BANI's experience during the pandemic and comparing it with the practice of the world's leading arbitration institutions, namely SIAC and AAA considering that the two arbitral institutions have succeeded in holding arbitration via video conferencing while maintaining confidentiality, security data and legal certainty regarding the validity of the procedure. To enrich the discussion, the Author will also examine the implementation of online arbitration as a benchmark for implementing virtual arbitration.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
978-2-38476-180-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_57How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Herliana Herliana
AU  - Sujayadi Sujayadi
PY  - 2023
DA  - 2023/12/31
TI  - Virtual Arbitration Proceeding: Promising Efficiency, Reaping Risks
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 531
EP  - 543
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_57
DO  - 10.2991/978-2-38476-180-7_57
ID  - Herliana2023
ER  -