SMU SIDRA Survey Report 2020

Exhibit 6.4.3 Factors Influencing the Use of Online Processes Complexity of issues Dollar value of dispute Others Number of anticipated witnesses and/or expert 18 31 101 76 The chart refers to the respondents who indicated factors influencing their use of Online Processes. 6.4.5 When asked about factors that would increase the likelihood of using online processes in arbitration, respondents indicated that the dollar value of the dispute would be the most dispositive in their decision. Respondents also cited other practical reasons such as the complexity of issues and the number of anticipated witnesses and/or experts. In this regard, it is likely that parties would be more open to online processes in arbitration where the sum in dispute is low and the issues are straightforward. Parties would also be more open to using virtual meeting/hearing platforms where the number of anticipated witnesses and experts is low, such that the technical challenges of coordination are kept low. 6.4.6 At the same time, there are inherent challenges with the use of technology and online processes in arbitration. In particular, there are attendant security, privacy, and data protection concerns when processes are taken online or cloud- based storage systems are utilized. However, it is encouraging to note that the arbitral community is working together to formulate best practices and protocols to govern the use of technology in arbitration, thereby ameliorating any fears or hesitations that users may have with regards to the use of technology in arbitration. 17 17 See for instance, the draft 2020 Cybersecurity Protocol for International Arbitration issued by the ICCA-NYC Bar-CPR Working Group, a collaboration between the International Council for Commercial Arbitration (ICCA), the New York City Bar Association (NYC Bar) and the International Institute for Conflict Prevention and Resolution (CPR). SIDRA INTERNATIONAL DISPUTE RESOLUTION SURVEY 45