NORDSCI Conference proceedings 2023, Book 1, Volume 6
THE IMPACT OF DEVELOPING THE SMART LITIGATION SYSTEM IN CONSOLIDATING THE RIGHT OF DEFENSE FOR LITIGANTS IN COMPARATIVE ARAB LEGISLATION
This research focuses on presenting the procedures of the smart litigation process in the special civil courts, as with the expansion of international relations and with the global openness to trade and economy and the encouragement of foreign investments in all countries, in addition to the spread of immigration and ease of movement and others, with the development of digital transactions and the multiplicity of artificial intelligence applications, and the diversity of transactions and contracts between members of all societies, wherever they are, many legislations have tended to adopt smart litigation or what is known as remote litigation, in the hope of solving many of the problems facing litigation procedures in its traditional stages directly before the courts, as this research came to stand on the reality of this type of litigation and to provide an explanation of the pros and cons of smart litigation processes and procedures, and the multiple effects that it has on the rights of litigants during litigation processes, starting from the stage of filing and announcing the lawsuit to the stage of final judgment and the stage of implementation.
Whereas the current research reviews the Arab legal legislation governing smart litigation based on the procedures followed and compared in terms of text and application.
The research used the comparative analytical method, to scientific analysis and scientific comparison between the Arab legislation governing smart litigation, through the analysis of procedural legal texts governing the stages of litigation. And study the case of some civil cases that were carried out through smart litigation in the special civil courts in some Arab countries.
To clarify the effects of this advanced type of litigation on the rights of litigants and on the stability of transactions and the consolidation of prompt justice in general and the consolidation of the right of defense. As well as to determine the ability of the legislator in the Arab countries to solve the problems resulting from litigation of all kinds. And its ability to address the shortcomings in the stages of the course and progress of the case to preserve the rights of litigants and the stability of transactions in society.
Smart Litigation, Remote Litigation, Right of Defense, Artificial Intelligence
NORDSCI Conference proceedings 2023, Book 1, Volume 6, ISSN 2603-4107, ISBN 978-619-7495-33-1, DOI 10.32008/NORDSCI2023/B1/V6/21,239 - 247 pp