Toward the Use of Telecommunications Technology in Litigation with Technical Guarantees

Abstract

The world is witnessing an increasing development towards the use of telecommunications technology in the judicial system. This use has increased by the resort to the remote litigation system in light of (Covid-19) pandemic. However, a major question remains about the guarantees offered to litigants while using this system, and whether these guarantees are similar to traditional (i.e. non-electronic) litigation. This paper highlights the UAE model in providing sufficient technical guarantees to protect the rights of litigants while using technology in litigation, such as: Recording, safekeeping and confidentiality of the records of remote litigation; applying information security policies; the transcription of remote litigation procedures into electronic or hardcopy minutes or document; Acknowledging the validity of e-documents and e-signature ; and Technical Guarantees accompany the attendance and pleading of the parties shall be provided.