The potential of electronic evidence in civil and arbitration proceedings: New era - new risks?

Abstract

© 2019, Institute of Advanced Scientific Research, Inc.. All rights reserved. This paper discusses the issues related to the concept and properties of electronic evidence in civil and arbitration proceedings, as well as the problems of their procedural status. The authors of the paper signify the thesis that evidence can be recorded on any material medium both by a person and by an automaton, that is, be the result of a program for electronic computers. The authors believe that it is extremely important to understand what potential (positive or negative) are new ways of proving. At the same time, in the process of administering justice, they must and are forced to use electronic forms and methods in connection with the digitalization of society. The integration of electronic evidence into the legal field should be studied as one of the electronic justice components. Summing up the study, the authors conclude that, despite the disagreement in the approach of the arbitration courts to unconventional means of proof, the general tendency to apply the current legislation is the admissibility of information obtained using digital technology as evidence in the consideration of cases by arbitration courts.