The Evolution of Electronic Litigations

Faisal Alalawi

The Evolution of Electronic Litigations

Faisal Alalawi

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Abstract

The first experience of finding a settlement of litigations via cyberspace goes back to The main aim of this project was to give quick solutions to disputes related to the Internet through a mediator represented in a neutral judge who is an expert in arbitration and the laws governing Internet activities or the electronic justice law. This goal is achieved when the Internet user sends his complaint to that body by e-mail, and then the commission selects a neutral judge to settle the dispute, and the judge's decision is devoid of legal value except If the parties accept it, and this service is free of charge. In this way, the options offered by electronic communication networks have been utilized in completing the procedures of traditional methods of dispute settlement such as negotiation, mediation, conciliation, and arbitration, and the possibility of using information and communication technologies in completing litigation procedures before the courts as well. The settlement of disputes via computer networks found real applications through initiatives adopted by unions and qualified institutions such as the American Arbitrators Association and prepared a project for direct arbitration via the Internet called the (Virtual Judge Project), in 1995 and the electronic arbitration court of the World Intellectual Property Organization that developed a dispute settlement system. Domain names and some non-governmental institutions such as the Faculty of Law at the University of Montreal (Canada) in 1996 adopted a draft space court system and provided mediation and arbitration services through electronic channels and media by this system.

The Evolution of Electronic Litigations By: Faisal Alalawi The first experience of finding a settlement of litigations via cyberspace goes back to 1996 when the Space Law Institute, the American Arbitration Association, the National Center for Informatics Research, and the Law and Information Center managed and supervised the virtual judge program. The main aim of this project was to give quick solutions to disputes related to the Internet through a mediator represented in a neutral judge who is an expert in arbitration and the laws governing Internet activities or the electronic justice law. This goal is achieved when the Internet user sends his complaint to that body by e-mail, and then the commission selects a neutral judge to settle the dispute, and the judge’s decision is devoid of legal value except If the parties accept it, and this service is free of charge. In this way, the options offered by electronic communication networks have been utilized in completing the procedures of traditional methods of dispute settlement such as negotiation, mediation, conciliation, and arbitration, and the possibility of using information and communication technologies in completing litigation procedures before the courts as well. The settlement of disputes via computer networks found real applications through initiatives adopted by unions and qualified institutions such as the American Arbitrators Association and prepared a project for direct arbitration via the Internet called the (Virtual Judge Project), in 1995 and the electronic arbitration court of the World Intellectual Property Organization that developed a dispute settlement system. Domain names and some non-governmental institutions such as the Faculty of Law at the University of Montreal (Canada) in 1996 adopted a draft space court system and provided mediation and arbitration services through electronic channels and media by this system. The procedures are conducted on the court's website and this project was completed on 12/31/ 1999 The project entered into force on 12/20/2005, and the University of Massachusetts (America) adopted the Virtual Court System project in 1996. In France, electronic writing was introduced in the field of procedural litigation under Law No. (1678 of 2005) in force on 1/1/2009. Electronic litigation is the process of transferring litigation documents to the court via e-mail, issuing a decision regarding acceptance or rejection, and sending a notice to litigants with knowledge of what has been done regarding these documents. It is the authority of a specialized group of regular judges to hear the case and initiate the judicial procedures using new electronic means, within an integrated information system or systems of judicial parties and means, that adopt the approach of the technology of the international network (the Internet) and the programs of electronic computer work to consider cases, adjudicate them, and implement judgments to reach a quick decision in Litigations and facilitation for litigants. The goal of the electronic court's projects, which provides this project with the ability to save electronic documents in small-sized and high-tech devices and tapes to store documents with the consequent increase in efficiency, reduce costs and reduce storage space (court archives) in addition to the fact that the courts spend money to destroy Paper files are safe, and the loss of lawsuit files is difficult because they are stored and programmed inside the computer system, and they cannot be saved by mistake, and easy to find when searching for any file through computer programs. and, these files are immune to fire, flood, earthquakes, theft, or any emergency, with the ability to reproduce and save them in several places and protect them through specialized programs.

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