Alternative Dispute Revolutions: Technology and ADR in the Middle East following the Covid-19 Pandemic

This article seeks to close a gap in the literature on the use of alternative dispute resolution (ADR) in the Middle East. In particular, it examines unprecedented developments in countries situated in the Persian Gulf where a range of innovative institutions outside the domestic court system provide ADR services. Qatar, Saudi Arabia, and the United Arab Emirates host a number of sophisticated international courts as well as specialized dispute resolution centers backed by the English common law and recognised international arbitration and mediation rules. The COVID-19 pandemic has necessitated remote hearings around the world as courts seek to dispense justice in spite of logistical hurdles preventing in-person meetings. The same is true in arbitral institutions where lawyers and business representatives have been unable to travel. This paper assesses how these institutions are deploying technology to deliver ADR services to the international business community in the Persian Gulf. The analysis reveals that the courts and ADR centers were largely ‘pandemic ready’ before the pandemic. Some institutions have either been designed specifically to deliver services remotely, or instituted technology prior to the pandemic that could be upscaled rapidly. Others have responded quickly to implement technology to provide hearings remotely. In the background, institutional rules, practice directions, and regional legislation had already mandated and encouraged the use of technology. This pre-emption of the proliferation of technology has highlighted a regional nimbleness that other parts of the world have struggled to replicate as efficiently. Gulf institutions are early adopters of these technologies, positioning themselves as leaders in the dispute resolution field, characterized by a flexible and entrepreneurial character.