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Smart Court in Cross-border Litigation

Lookup NU author(s): Professor Sophia Tang

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Abstract

Smart courts use modern technology to improve the efficiency of trials, enabling the parties to access court proceedings from a distance. This advantage is particularly important in cross-border litigation, which is remarked by the cost and inconvenience for at least one party to take part in the proceedings abroad. However, although technology can significantly improve procedural efficiency, legal obstacles make efficiency impossible to achieve. This article uses service of proceedings, collecting evidence and virtual hearing as examples to show how the current law, especially the old-fashioned concept of sovereignty, hampers the functioning of technology. It is necessary to reconceptualise sovereignty in the age of technology. This article argues that private autonomy may be utilised to reshape sovereignty in the cross-border litigation procedure and reconcile the conflict between sovereignty and technology.

Publication metadata

Author(s): Tang Z

Publication type: Article

Publication status: Published

Journal: Rabels Zeitschrift für ausländisches und internationales Privatrecht/ The Rabel Journal of Comparative and International Private Law

Year: 2023

Volume: 87

Issue: 1

Pages: 118-143

Online publication date: 03/02/2023

Acceptance date: 30/11/2022

Date deposited: 29/04/2025

ISSN (print): 0033-7250

ISSN (electronic): 1868-7059

Publisher: Mohr Siebeck

URL: https://doi.org/10.1628/rabelsz-2023-0006

DOI: 10.1628/rabelsz-2023-0006

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