Prepared by - Ms. Frankie Collins
Designation - Ambassador, MediateGuru
ABOUT US:
MediateGuru is a social initiative led by members across the globe. The aim of the organization is to bridge the gap between the general public and litigation. We are creating a social awareness campaign for showcasing mediation as a future of alternative dispute resolution to provide ease to the judiciary as well as to the pockets of several litigants.
ABOUT THE SPEAKER:
Ms. Magdalena Lagiewska is an Assistant Professor at the University of Gdansk in the Department of Public International Law, a Research Associate in the ‘China, Law and Development’ project at the University of Oxford, and the Director of the Confucius Institute at the University of Gdansk. She received her doctorate in law at Gdansk university in 2017 and a second doctorate at the East China university of Political Science and Law in Shanghai in 2020. Ms. Lagiewska also has a master’s in international economic relations with a specialization in international finance and banking.
Ms. Lagiewska became involved in international commercial arbitration after receiving her PhD in Chinese law in Poland and deciding to go to China to pursue a second PhD. There she met her mentor, who became the first Chinese person in the international commercial court of arbitration in Paris. Her mentor taught very interesting classes and that made Ms. Lagiewska want to do a comparative study on international arbitration law in Poland and China. Her studies saw her attend arbitrations in the Chinese international commercial court, allowing her to gain first-hand experience in international arbitration law.
PART 1 OF THE WEBINAR
Ms. Lagiewska stressed the importance of digitization in light of COVID-19. The pandemic forced arbitrations, hearings, and meetings to be held online rather than in person. This forced shift caused numerous firms and litigants to have to adapt in a short period of time, and the digitization has actually had a positive impact in that it allows more people to connect right from their homes.
Some achievements from the Chinese commercial courts like smart courts – an online dispute resolution mechanism that helps promote, monitor, and assess the operation of the courts – allows the public to connect and become more involved in the court process. Data will be stored in a cloud for lawyers and the world to access, comment, on, and share. It helps break the traditional mold of courts and embrace modern trans-national technologies and tools. Ms. Lagiewska states that the pandemic just helped accelerate the integration of these online technologies but moving forward the arbitration communities will more heavily rely on them, as well as artificial intelligence and robots. Another example is the micro mobile court in China that is an additional tool that uses WeChat to increase accessibility to the courts and justice in general.
Some future ideas Ms. Lagiewska proposed is whether we will use artificially intelligent judges or robot arbitrators in the future and the various ways the world might use to keep data safe. There are numerous countries, jurisdictions, and laws involved in these proceedings so some standard on data protection may have to be reached for the world to work in tandem to prevent breaches. Additionally, she postulates whether lawyers will have to adapt their oral advocacy skills to meet the demands of online, remote hearings. Arguing via zoom is very different than arguing in person as there are less body cues you can look for and use and there is a higher chance for technical difficulties to occur.
As digitization in the legal field progresses, it is important to note how bodily language and communication skills are used. As a result, it is very important to learn good communication skills and strategies for communicating online, in person, and in-person but remotely. The art of convincing involves more than just black and white information, so if viewers are looking for ways to become better advocates, they should look into taking speech classes and presentation training courses.
PART 2 OF THE WEBINAR – QUESTIONS FROM THE AUDIENCE
1.) Is online litigation generally effective or is it only effective for technically advanced states as opposed to those sates who do not have a lot of technological advancements available to them?
Ans.) It is very effective to solve online disputes, but it will require a lot of work from all participants to make it effective. People should be less stressed about technological difficulties that may occur and more worried about the clients they represent. However, these fears will probably stick around until technological equity is achieved. More online workshops should be hosted and made advantageous.
2.) Would it be advantageous for a prospective arbitrator to become well versed in online mediation tools?
Ans.) Yea and no. There are a lot of online workshops regarding online tools and their use in mediation but there are not enough workshops on humanity and how to represent that online. Being good at technology will help, but being able to interact online will be more helpful to prospective arbitrators?
3.) How do I become a good international commercial arbitrator? What are the specific skills that one should learn in pursuit of this goal?
Ans.) You should be very determined about your career and try to start your career in the international arbitration practice. Meaning that, you should specialize in it in law school and try to gain experience at law firms who have this practice capability. It will be very good for you to develop relations with current arbitrators and law professors who are very knowledgeable about the subject matter. Internships, like at the international commercial courts, are a great way to get your foot in the door. Specializations in different branches of law like intellectual property and construction law also help. Try to be outgoing and very communicative, arbitrators who are closed off, not out-going, and miss social cues tend to not be the most effective. Good communication and social skills are very important. You will need to know how to read the room, read your opponent, and read witnesses. Some of these skills are inherent but most can be learned.
4.) Do you believe that future arbitrators and judges will have to be proficient in coding skills and automation to keep up with rapidly advancing technology?
Ans.) China is very different from the rest of the world. They have embraced technology more so than European courts and societies. As a result, arbitrators may need to be more computer savvy and knowledgeable, but it is hard to predict if arbitrators will need to be proficient coders or not. It will most likely vary by community.