The Duty of Technological Competence in International Investment Arbitration

Obligaţia de competenţă tehnologică în arbitrajul internaţional de investiţii

Helin LAUFER, PhD in Law Candidate

ABSTRACT

This article examines whether a legal duty of technological competence exists in international investment arbitration. As technology increasingly shapes the management and conduct of arbitral proceedings (through electronic evidence, virtual hearings, cybersecurity, and digital case-management tools), the question has gained prominence, including during the 2025 Bucharest Arbitration Days debate that inspired this series. The article surveys existing scholarship, institutional guidance, and practice to clarify the meaning of "technological competence' and to identify the stakeholders to whom such a duty may apply. It argues that although technological competence is not uniformly codified, a baseline legal duty arises from the functional, ethical and procedural obligations governing arbitrators,...