The European Bank for Reconstruction and Development (EBRD) and global law firm Dentons are pleased to announce the publication of a comprehensive report assessing the readiness of 17 countries to implement online courts for commercial disputes. In a dedicated Guide, the EBRD and Dentons offer solutions to governments and the judiciary on how to accelerate the development of online courts. The assessment covers Albania, Armenia, Azerbaijan, Bulgaria, Estonia, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Mongolia, Morocco, Poland, Serbia, Tunisia, Türkiye, Ukraine, and Uzbekistan. This assessment was conducted within the EBRD project funded by the EBRD Shareholder Special Fund.

Veronica Bradautanu of EBRD, commented: “The need for online courts and e-justice solutions is becoming more and more urgent to offer easy and modern ways to protect the rights of citizens and businesses, address heavy court caseloads, and move away from lengthy and complicated court proceedings. Online courts are particularly useful in resolving smaller value claims and increasing access to justice for small and medium enterprises (SMEs).”

The assessment was carried out through a Maturity Level Assessment Tool, which assesses the countries across four key dimensions of e-justice important for developing online courts. These include two more general dimensions and two simplified procedures which are particularly suitable to pilot fully digital resolution:

• Policies and Infrastructure for E-justice to evaluate the level of development of strategic governance for e-justice, including the legal framework and technological infrastructure
• Commercial Dispute Resolution to assess its level of development through, for example, specialised commercial courts, panels or judges; tailored procedures and continuous training for judges and staff
• Procedures for Uncontested Claims to explore the effectiveness and efficiency of the procedures for enforcing uncontested claims and their level of digitisation
• Small Claims Procedures to assess the availability of small claims procedures and their effectiveness

Key findings and recommendations

The overall results of the assessment are promising. In several areas, most countries exhibit a high level of readiness for the introduction of online courts – particularly in the dimension of Policies and Infrastructure for E-justice. Most assessed jurisdictions are well advanced in terms of digital transformation of justice.

On the other hand, when it comes to effective use of the digital tools and in particular in commercial litigation the results vary significantly. Areas which require increased attention include the efficiency and effectiveness of commercial litigation, use and development of small claims procedures, as well as effective conclusion to uncontested procedure.

The recommendations for governments and the judiciary revealed in the assessment can be grouped into three areas. Firstly, establishing a clear legal framework for online court development is crucial. Enhancing e-justice through digital technologies necessitates a strategic approach and policies to provide guidance and direction.

Secondly, the assessment revealed the importance of investing in modern and reliable IT infrastructure. Upgrading existing hardware, software and network equipment, and ensuring the wide availability of broadband internet will lay the foundation for digitising court processes and introducing new digital tools.

Lastly, successful digital transformation requires an effective change management policy involving all potential stakeholders, including users of the court system. Introducing a responsive and user-centric system design is essential. Allowing stakeholders to actively participate in the improvement of digitisation judicial procedures will facilitate the future uptake of the digital approach.

Yulia Shapovalova, Principal Counsel at the EBRD, said: “Policies to improve the quality of justice through digital tools and systems should be articulated through clear, measurable and verifiable objectives, with technology seen as means rather than an end in supporting the overall justice modernisation strategy. Thus, in the process of developing online courts, streamlining dispute resolution processes and introducing meaningful procedural simplifications is key to digital transformation.”

Download the reports

The reports are available for download on the EBRD website in the Legal Reform section:

• Assessment report on readiness for the introduction of online courts
• Guide on readiness for the introduction of online courts

About Dentons

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