The increasing role of technology in the dispute resolution process was the key theme discussed during the centenary celebrations of the Chartered Institute of Arbitrators in Canterbury, Kent. 

Industry experts gathered at Canterbury Cathedral Lodge, in the shadow of the majestic Canterbury Cathedral, to hear that arbitration has taken on even more importance following Government steps to dramatically increase court fees as part of its austerity measures. It can now cost up to £10,000 in fees to issue a claim in the civil courts, which makes finding ways to resolve disputes quickly and economically before they get to court a key challenge.

Law firm Furley Page, top rated in Kent for Dispute Resolution, sponsored the conference, which included a mock arbitration with live participation from the Institute’s New York branch and also Manhattan law firm Alston & Bird – appropriately via a web link. Peter Hawkes, Senior Partner at Furley Page and Head of Dispute Resolution, says speakers Sir Vivian Ramsey and Paul Darling OBE, QC, examined the case for greater technology in dispute resolution to improve efficiency in the case management process, and the time and costs of delivering fair judgements by bringing the parties together through video technology.

Delegates also heard about upcoming legislation in the UK to implement an EU directive and regulations relating to dispute resolution between businesses and consumers using online solutions. Peter Hawkes says: “Strong reservations have been expressed within the legal profession about the rise in court fees and the effect it will have on access to justice. The increase will inevitably lead to consideration of other forms of dispute resolution, such as arbitration.

“Arbitration is a flexible means of determining disputes. It is, first and foremost, a private process which can be attractive. Parties agree to refer a dispute to an arbitrator who will make a finding that will be binding and the decision of an arbitrator can be easily enforced through the courts if necessary,” adds Peter, a Chartered Member of the Institute.

“There are a number of arbitration schemes which have rules that are designed to fit with different types of activity. They are particularly useful in the construction field and where there may be cross-border contracts. However, they can be used in other areas and arbitration provides a speedier and more cost-effective way of resolving differences than going to court. “Use of technology, the theme of the Institute’s conference, is one of a number of measures being considered in order to speed up what can be a very long process.”