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30 Asia Pac. L. Rev. 1 (2022)

handle is hein.journals/asiaplwre30 and id is 1 raw text is: ASIA PACIFIC LAW REVIEW 2022, VOL. 30, NO. 1, 1-20 https://doi.org/10.1080/10192557.2022.2045704 Routledge Taylor & Francis Group THE 26TH GOFF ARBITRATION LECTURE The complexification of disputes in the digital age Sundaresh Menon Supreme Court of Singapore, Singapore ABSTRACT KEYWORDS The 'complexity problem' is the concern that there is now a Complex disputes; growing class of disputes so factually rich and complex that they commercial litigation; are virtually impossible to adjudicate fairly and properly. The international commercial complexity problem will only intensify with time - as our arbitration; efficiency; understanding of the world becomes more complex, so too will information overload our disputes; and advances in information technology have led and will continue to lead to explosions in the quantities of data (and therefore, potential evidence) that adjudicators and advocates may be called on to consider. Complexity can have serious consequences not just for the time and cost of resolving such disputes, but also for our ability to properly resolve them - some disputes are now so massive and complex that they have become extremely difficult for the adjudicator to fully and properly understand, much less decide. Solutions directed at improving the efficiency of legal proceedings are, at best, only part of the answer. The problem is more fundamental and requires that we reconsider our approach to the resolution of complex disputes. We might see a shift away from a narrow conception of justice as always and invariably requiring a full and exhaustive determination of the facts, to a more holistic view of what it means to adjudicate disputes - one that embraces procedures which, whilst not as thorough, are nonetheless capable of producing reasonably accurate and broadly acceptable decisions more quickly and at far lower cost. I. Introduction Those involved in the practice of arbitration will be familiar with the growing complexity of cases and the challenges that this poses to their efficient disposal. Much has already been said about the problems of undue delay and expense, and I do not propose to add to that already saturated discourse. Instead, I would like to focus on what appears to be a growing class of disputes that are so factually rich and complex that they may be virtually impossible to adjudicate properly. This has been referred to as the 'complexity problem'.' The complexity of such disputes manifests in a number of ways, most commonly in the number of documents tendered, the number of witnesses and parties involved and ultimately in the sheer length of the trial. Consider the Bell Group litigation in Western Australia, which was commenced in CONTACT Sundaresh Menon i cjoffice@supcourt.gov.sg 'J6rg Risse,'An Inconvenient Truth: The Complexity Problem and Limits to Justice' (2019) 35 Arbitration International 291 ('Risse') at 291-307 ('Risse'). © 2022 School of Law, City University of Hong Kong