A duty of technological competence exists within investment arbitration

Există o obligaţie de competenţă tehnologică în cadrul arbitrajului de investiţii

Ruxandra Irina EŞANU

Daniela-Olivia GHICAJANU

ABSTRACT

As the world becomes more digitalized daily, international arbitration and all the participants involved in arbitration proceedings should be aware of these developments. Investment arbitrations pose challenges that one might not experiment in other types of disputes due to the nature of the parties involved. In this respect, the authors of this article consider that there is a duty of technological competence of all stakeholders participating in investment arbitration proceedings, not only for arbitrators. The analysis of the terms "competence" and "technology" concludes that these stakeholders are not required to be experts, but to be knowledgeable in order to safeguard the arbitration process and ensure the arbitral award is enforceable.

KEYWORDS: technological competence; investment...