The Circulation of Agency in E-Justice: Interoperability and Infrastructures for European Transborder Judicial Proceedings (Law, Governance and Technology Series, 13)

This book contributes to an understanding of the dynamic complexities involved in the design of e-justice applications that enable online trans-border judicial proceedings in Europe. It provides answers to critical questions with practical relevance: How should online trans-border judicial proceedings be designed in order to deliver effective and timely justice to European citizens, businesses and public agencies? How can the circulation of judicial agency across Europe be facilitated? Based on extensive research, the book explores and assesses the complex entanglements between law and technology, and between national and European jurisdictions that emerge when developing even relatively simple e-services such as those supporting the European small claims procedure and European payment orders. In addition to providing a strong theoretical framework and an innovative approach to e-justice design, this book includes case studies that are based on a common methodology and theoretical framework. It presents original empirical material on the development of e-government systems in the area of European justice. Finally, it introduces the design strategies of Maximum Feasible Simplicity and Maximum Manageable Complexity and, based on them, it proposes architectural and procedural solutions to enhance the circulation of judicial agency.​ Preface Contents Chapter 1: Introduction References Part I: Present Regulation of Courts and Arbitration and Their Paradox Chapter 2: The Legal Basis of Courts and Arbitration 2.1 The Emergence of Arbitration as a Dispute Mechanism 2.2 The Legal Basis 2.3 Justice and Arbitration References Chapter 3: Constitution, Courts and Arbitration 3.1 Introduction 3.2 Constitutions ́ Background and Arbitration References Chapter 4: Judges and Arbitrators as Law Makers 4.1 Introduction 4.2 Judges and Arbitrators 4.3 Stare Decisis and Law Making 4.4 Courts of Appeal and Arbitral Appeal Mechanism References Chapter 5: Courts ́ Engagement in Arbitration Under US, English, Belgian and Greek Law 5.1 Introduction 5.2 Arbitrability in US, English, Belgian and Greek Law 5.3 The Arbitration Agreement 5.4 Initiating the Arbitration and Stay of Proceedings 5.5 Jurisdiction 5.6 Applicable Law 5.7 Arbitrators 5.8 The Arbitration Procedure 5.9 Award and Review of Awards by Courts 5.10 Recognition and Enforcement of Awards 5.11 Conclusion References Chapter 6: AAI National Authority Management Arbitration 6.1 Arbitration Co-Equal to Courts 6.2 Transforming National Authority Management Arbitration (NAMA) & E-NAMA into AAI NAMA References Part II: Courts and Arbitration in the Artificial Intelligence and Advanced AI Era Chapter 7: From AI Towards Advanced AI 7.1 AI Developments 7.2 AI and Governance 7.3 Blockchain Advancement 7.4 AI Law Developments 7.5 Legal Personality of AI 7.6 Algorithmic Risk 7.7 AI and Corporate Law 7.8 AI and IPRs 7.9 AI as an Expert in Solving Disputes 7.10 AI and Crime 7.11 Current AI Applications References Chapter 8: From ADR to ODR 8.1 Legal Background of Courts Versus Arbitration 8.2 Arbitrators and Arbitral Process 8.3 Judges and Arbitrators 8.4 ADR Development & the Rule of Law 8.5 ODR Systems References Chapter 9: Courts and Arbitration Advancements 9.1 Developments on the Judicial Power 9.2 From ODR to AI Systems 9.3 Online Arbitration 9.4 Arbitral Courts Versus NAMA Arbitration 9.5 Cyber-Courts 9.6 Smart Contracts and Arbitration References Chapter 10: AI in Arbitration and Courts 10.1 Justice in Globalization 10.2 Litigation and Arbitration Developments 10.3 AI in Arbitration 10.4 Regulating AI Arbitration 10.5 Regulating AI Apparatuses References Chapter 11: Robo-Justice 11.1 Technology and AI 11.2 The Emerging Digital Society 11.3 From AI Legal Tech to AAI Legal Tech and Litigation 11.4 From Global Law to AAI Law 11.5 The Qualities That AAI Brings Forwards in Courts and Arbitration 11.6 Current Involvement of AI Systems in Law-Making 11.7 Robo-Justice 11.8 AAI Robo-Justice by National Artificial Intelligence Justice Management Authority (NAIJMA) References Chapter 12: Conclusions References