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20 The Impact of Technology on International Arbitration and the Nature of Substantive Claims Asserted in International Arbitration

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Chapter Summary

The use of technology now permeates and facilitates the arbitration process in a wide variety of ways. This chapter explores the influences of changing technologies. Some consequences on international arbitral procedures and practices are obvious and have become commonplace. Technologies have also had a significant impact on the nature of evidence now adduced in most arbitration and have challenged even the most non-tech savvy dispute lawyer and arbitrator to adapt to the digital age. Finally, new technologies and the disputes over the commercialization of those technologies have triggered some new and innovative substantive causes of action raised in cases where a new technology is at the core of the dispute. The chapter examines some of the innovative substantive claims asserted in a number of recent NAFTA arbitrations instituted against either Canada or the United States by investors seeking to capitalize on technological innovation in various fields.

Keywords: commercialization; international arbitral procedures; NAFTA arbitrations; technology; United States



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