Title: Resolving Technology Disputes through Arbitration
Author(s): Jennifer Wu (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
This paper discusses the types of technology disputes and provides guidance on the key factors to be considered when choosing the appropriate dispute resolution mechanism. It sets the scene by first considering the types of technology disputes that are commonly seen in practice, then zooms in on discussing the benefits of relying on arbitration and/or litigation to resolve the technology dispute at hand, and lastly considers the trends of emerging technology disputes. This paper considers the importance of choosing the appropriate dispute-resolution mechanism. It also seeks to argue that arbitration should be chosen if the parties prefer a streamlined process and to have some control over having the case heard by specialised arbitrators who understand technology. In contrast, litigation should be chosen if the parties need pre-action assistance from the courts (such as injunctive remedies, pre-action disclosure and disclosure by non-parties (amongst others)).
Keywords: Technology Disputes, Arbitration, Litigation, Artificial Intelligence, Data, Cybersecurity, Cryptocurrency, Blockchain.
Cite this as: Jennifer Wu “Resolving Technology Disputes through Arbitration” 4 IRIArb (2024).
*The views expressed are of author(s) only.