The Arbitration Centre of the Atameken NCE of the Republic of Kazakhstan notes the strengthening of international trends in the digitalisation of commercial dispute resolution. Electronic arbitral awards, digital notifications, remote hearings, and the use of artificial intelligence are gradually becoming part of modern arbitration practice.
These issues were considered by UNCITRAL Working Group II on Dispute Settlement at its 83rd session. Particular attention was paid to the recognition and enforcement of arbitral awards in electronic form. Support was expressed for the approach that an award should not be denied recognition or enforcement solely because it was rendered in electronic format.
Electronic notifications were also discussed, including the possibility of sending written communications by electronic means, provided that the fact of dispatch is recorded and a specifically designated electronic address is used.
Separate attention was given to the use of artificial intelligence in arbitration, mediation, and remote hearings. Participants noted the potential of AI tools for case administration and document processing, while emphasising risks related to confidentiality, transparency, data protection, and the inadmissibility of delegating the decision-making function to artificial intelligence.
For Kazakhstani businesses, these developments are of practical significance: digitalisation makes arbitration more flexible, faster, and more accessible, especially in cross-border commercial relations. At the same time, it is important for parties to agree in advance on the arbitration clause, the procedure for exchanging documents, the format of hearings, and the requirements for the form of the award.
The Arbitration Centre of the Atameken NCE of the Republic of Kazakhstan continues to monitor the development of international practice and supports the adoption of modern, effective, and reliable mechanisms for resolving commercial disputes.
Arbitration is a modern tool for protecting business rights, based on professionalism, party autonomy, and trust in the procedure.
Report of UNCITRAL Working Group II on Dispute Settlement on the work of its 83rd session: https://docs.un.org/en/A/CN.9/1237
These issues were considered by UNCITRAL Working Group II on Dispute Settlement at its 83rd session. Particular attention was paid to the recognition and enforcement of arbitral awards in electronic form. Support was expressed for the approach that an award should not be denied recognition or enforcement solely because it was rendered in electronic format.
Electronic notifications were also discussed, including the possibility of sending written communications by electronic means, provided that the fact of dispatch is recorded and a specifically designated electronic address is used.
Separate attention was given to the use of artificial intelligence in arbitration, mediation, and remote hearings. Participants noted the potential of AI tools for case administration and document processing, while emphasising risks related to confidentiality, transparency, data protection, and the inadmissibility of delegating the decision-making function to artificial intelligence.
For Kazakhstani businesses, these developments are of practical significance: digitalisation makes arbitration more flexible, faster, and more accessible, especially in cross-border commercial relations. At the same time, it is important for parties to agree in advance on the arbitration clause, the procedure for exchanging documents, the format of hearings, and the requirements for the form of the award.
The Arbitration Centre of the Atameken NCE of the Republic of Kazakhstan continues to monitor the development of international practice and supports the adoption of modern, effective, and reliable mechanisms for resolving commercial disputes.
Arbitration is a modern tool for protecting business rights, based on professionalism, party autonomy, and trust in the procedure.
Report of UNCITRAL Working Group II on Dispute Settlement on the work of its 83rd session: https://docs.un.org/en/A/CN.9/1237