Digitally Transforming The Rule of Law
The significant macro-economic changes currenty affecting the global economy today present major challenges for business leaders, from supply chain bottlenecks to commodities shortages, fast moving base rate and FX environments, climate risk and inflation. As we continue to adjust to the post-pandemic era and the on-going march towards digital, these issues are also becoming more global, increasing the likelihood of cross-border disputes.
Over the years, it has become increasingly evident that international arbitration is an ideal approach to resolving cross-border disputes. Arbitration provides a neutral environment with internationally recognised rules and global enforcement of arbitral judgments. Moreover, it is recognised to have several advantages that enable a seamless transition into, what many refer to as, the post-COVID ‘New Normal’. This includes greater confidentiality and flexibility, as demonstrated by arbitrators’ swift implementation of virtual hearings and paperless proceedings.
While the COVID-19 phase was characterised by face masks and sanitisers, it also set in motion the wave of global, unified digital adaptation and transformation, which introduced us to virtual meetings and remote working. While this transition was seen to be rather daunting for judiciaries around the globe, Abu Dhabi Global Market Court’s (ADGM Courts) revolutionary Digital Courtroom enabled them to continue supporting individuals and organisations even during times of uncertainty.
Having launched the world’s first eCourts Platform as early as 2018, ADGM Courts have revamped the way justice is delivered globally. With digital transformation at its core, ADGM’s eCourts Platform provides holistic solutions for digital justice by integrating technological innovation and creating opportunities for paperless hearings.
The eCourts Platform enables parties and their lawyers to access the Court from anywhere in the world at any time of the day. This means that parties and their lawyers can commence cases, file and serve documents, access the digital court file, view court documents and participate in hearings without leaving their office or home.
The digital Courtroom allows lawyers, parties and the public to view documents, and transcripts in real time and connect with witnesses from remote locations.
In tandem, ADGM also launched the world’s first fully digital Courtroom, which promotes paperless hearings in cases where physical presence at trial is necessary for the proper administration of justice. The digital Courtroom allows lawyers, parties and the public to view documents, and transcripts in real time and connect with witnesses from remote locations. Under this arrangement, everyone, including the Judge, is viewing the same documents at the same time, which contributes significantly to the speed and efficiency of the proceedings.
A particular example that showcases the trailblazing digital infrastructure of ADGM Courts is the NMC administration of 2020 which was a landmark cross-border corporate insolvency case within the region. Given its size and nature, the case attracted significant public interest. ADGM Courts’ digital platforms enabled people worldwide to follow and engage in the proceedings despite COVID-19 restrictions. This is well-illustrated by the presence of over 500 remote attendees at the hearing of the administration application.
While the pandemic threatened to disrupt global judicial operations and pose long-term risks to the rule of law, ADGM Courts embraced its national duty to safeguard the well-being of the UAE’s Judicial system and its community through its involvement in this case. Their effective and efficient judicial operations in this case indirectly also resulted in protecting the jobs of doctors and nurses, as they braved COVID-19 head-on. The case is a true reflection of the confidence that the international business community has in UAE and Abu Dhabi’s judicial system which provides a favourable regulatory environment with high standards of corporate governance and swift resolution policies for creditors.