In Technology We Trust? The Present and Possible Future of Private Enforcement

Abstract

In the course of this study, the author examines the current and possible future implementations of advanced information and communication technologies from the point of view of private enforcement (adjudication) and specifically the way in which they may contribute to reducing the time and resource requirements of the judiciary. Firstly, the major challenges of the current judiciary are presented, including the overbearing dogmatic approach to old principles of adjudication, resulting in a timeconsuming, costly, labyrinthine, and unpredictable procedure, opening the way to private adjudication achieved via online platforms. In order for state adjudication to survive, modern technologies must be employed to achieve a data-based form of judicial process that is resource-efficient for the users of this ‘service’, while also guaranteeing a fair trial (albeit by electronic means). Such methods would include deployment of information and communication technology tools to aid court–party and party–party communication, using implementations of the blockchain to prevent evidence tampering, renouncing paper-based procedures, and embracing AI-assisted adjudication. Numerous examples of such solutions are provided, with some of their risks also emphasized such as the ‘black box’ phenomenon applicable to AI systems. The author concludes by stating that if private enforcement in the form of judiciary is to survive, it must become competitive with the dispute resolution options now being put forward by private actors.