DIGITAL TRANSFORMATION OF INTERNATIONAL COMMERCIAL ARBITRATION: LEGAL FRAMEWORK, INSTITUTIONAL CHALLENGES, AND DEVELOPMENT PROSPECTS

Abstract

This article provides a comprehensive study of the digital transformation of international commercial arbitration in the Republic of Uzbekistan across legal, procedural, institutional, and technological dimensions. The objective of the study is to assess the degree of readiness of the national legal system and arbitral institutions to effectively, fairly, and securely organize arbitral proceedings in a digital environment, as well as to substantiate prospective directions for its development. Utilizing formal-legal, systemic, comparative-legal, and functional methods, the research analyzes the legislation of the Republic of Uzbekistan in the fields of international commercial arbitration, electronic document circulation, electronic signatures, personal data protection, and cybersecurity, alongside UNCITRAL standards and international recommendations. As a result, the study substantiates that while basic normative-legal conditions for digital arbitration have been formed in Uzbekistan, there remains a necessity to integrate existing legal and institutional mechanisms into a unified digital arbitration ecosystem. Priority areas were identified regarding online and hybrid hearings, electronic evidence, participant identification, confidentiality, cybersecurity, and the responsible use of artificial intelligence. The author advances the concept of “centralized infrastructure – institutional pluralism” for the development of digital arbitration, proposing the establishment of the “Tashkent ADR Center” as its national model and the “Samarkand ADR Platform” as its regional model. Furthermore, while acknowledging the potential of artificial intelligence as an auxiliary tool, the article substantiates the principle of ultimate human procedural responsibility in rendering arbitral awards. It concludes that a prospective model of digital arbitration must be grounded in the principles of technological neutrality, procedural equality, party autonomy, confidentiality, risk-proportionate information security, human oversight, and international compatibility.