On 31 May 2021, Dr Patricia Živković participated with selected experts in a round table of the Croatian Academy of Sciences and Arts (HAZU) titled "Resolving cross-border disputes in the era of modern information and communication technology". Patricia had an opportunity to speak on the topic of “Digitalisation in Cross-Border Commercial Disputes”. Based on previous and ongoing research on the subject, Patricia offered an overview of the digital transformation in the dispute resolution realm and identified lessons for the future while emphasizing the importance of the following:
- At the moment, regulatory processes of digitalisation of dispute resolution mechanisms for commercial disputes are dealt with at national level. There is a lack of harmonisation required for the efficient resolution of cross-border disputes.
- Lack of consideration of IT literacy and lack of internet access can lead to results contrary to access to justice when it comes to digitalisation of justice systems, especially for SMEs.
- Due consideration needs to be given to new practical issues arising from the use of technology (e.g. data protection, such as when using biometrics for identification) and the psychological side of dispute resolution should be taken into account when assessing the eligibility of technology for a particular form of dispute resolution.
- The EU Proposal for a Regulation laying down harmonised rules on artificial intelligence has identified “AI systems intended to assist a judicial authority in researching and interpreting facts and the law and in applying the law to a concrete set of facts” [emphasis added] as high-risk AI systems. However, other dispute resolution mechanisms, such as arbitration and adjudication, are not encompassed under the term of “judicial authority”, so it is not clear if the use of AI-based systems in these procedures would be scrutinised as a high-risk AI. This is specifically problematic for the new phenomenon of the "privatisation of justice", in which businesses are increasingly using already implemented technology to resolve disputes in, for example, their supply chain, but there are no bespoke rules governing such processes/procedures.
