Electronic Management of Litigation Procedures in The Time of Corona

DOI: 10.46988/IJMMC.04.01.2022.003

Abstract

This study aims to identify the components of electronic litigation in light of the use of electronic management in the field of judicial work, or in other words: the foundations of electronic litigation and its procedural mechanisms that are required to employ electronic management in the justice sector as the global embargo and international isolation left by the outbreak of the Corona-Covid 19 epidemic created an exceptional situation that humanity had not experienced before, which disturbed the ordinary course of its life. The judicial sector was among the sensitive sectors that had good luck from the repercussions of the Corona epidemic, especially during peak periods; As the work of the judges was clearly affected, it was decided to suspend the inattendance sessions and to suffice in some of them the presence of lawyers without the parties, with the exclusion of the public sessions in front of the public, and the postponement of the implementation of some judgments, except for some urgent cases. The study concluded that it might be perceived that electronic litigation affects the
justice and integrity of the judiciary; In terms of violating the principle of equality before the judiciary and the right of the litigant to a fair trial, this is possible and possible, but this perception will disappear if the electronic trial is strengthened with the appropriate guarantees, controls, restrictions, precautions, and measures. The electronic litigation system also allows the establishment of electronic courts, even temporarily, whose formation is convened periodically whenever the need arises. At the level of the Arab and Islamic world; I find that the UAE is one of the best countries in applying electronic litigation procedures; Because it was able to move from traditional and electronic management to digital management, which invested in artificial intelligence.