Reconceptualizing Alternative Dispute Resolution Ecosystem in the Digital Era : Saudi Arabia, Negotiations, Mediations, Arbitrations, Awards and Enforcements in the Socio Political Space and Educational Curriculum

The Covid-19 pandemic has exposed societal incapacities and underbelly in its inadequate institutional, infrastructural, policy and legal regime to promote continuous international trade and development policies in the face of external disruptions. International trade and commerce forms part of global events that promotes cross-border socio-economic development and discourages arms conflict among nations. However, the transactional processes of international commerce rely on alternative dispute resolutions (ADR) as one of its imbedded features to resolute conflicts within commercial transactions. The ADR are in various forms like arbitration, mediation and negotiation. Contract law and policy principally powers the ADR. The traditional contract model of consensus ad idem, where parties bargain within their physical presence until a resolution or settlement of the conflict is achieved. However, it has become inadequate in the digital developmental era. Covid-19 has made such physical and in-person bargaining impossible because of its fatal nature. This paper seeks to analyze the significance of adapting the preexisting and recognized digital era contract doctrines like wrap, smart and other types of contract of adhesion in the ADR ecosystem. Currently, the Kingdom of Saudi Arabia does not have specific legal regimes that recognizes the digital era transactional formations. For example, contemporary contract now becomes enforceable with just a click of the mouse or touch of a finger tip on a digital surface of a device or mere browsing of a website when visiting such site. In some cases, within a blockchain system a transactional activity is recorded and becomes difficult to change after parties have agreed to be bound digitally. The paper will conclude by setting out prescriptions that Saudi Arabian Law Schools should conceptualize its curriculum to adapt to the evolving digital era transactional jurisprudence and promote the updating of the laws of the Kingdom to reflect the current realities