Problems and Prospects for the Use of Electronic (Digital) Evidence in Arbitration Proceedings

In the era of comprehensive digital changes, electronic evidence has become an integral part of arbitration proceedings, often acting as the only possible means of proof. The practice of considering electronic evidence in Russia is a chaotic mass of discussions and decisions of law enforcement agencies, which are largely contradictory. To create a model of arbitration proceedings that will meet the existing realities of transforming society, it is necessary to conduct a study of the practice of considering electronic evidence by judicial authorities to disclose their legal nature, identify their relationship with related legal categories, establish the main types, and formulate proposals aimed at improving current procedural law. The main means and methods for achieving the goal are the study of the features of electronic evidence and their differences from material and written evidence in the arbitration process, as well as the study of law enforcement practice in relation to the most common types of electronic evidence using methods of abstraction, a systemic approach, concretization, analogy, legal forecasting, and the formal-legal method. The paper raises the problems of obsolescence of the contemporary legislative framework and law enforcement practice in relation to the study and taking into account electronic evidence. The practice of the admissibility and reliability of such electronic evidence as a screenshot and an archived copy of the website and electronic correspondence is analyzed. A comparative analysis of the category of electronic evidence with the categories of material and written evidence is carried out. Based on the research, the author formulated the main distinguishing features of electronic evidence. Trends in law enforcement practice are identified regarding the admissibility of screenshots and archived copies of websites and electronic correspondence as separate types of electronic evidence in arbitration proceedings. The study of the practice of consideration of electronic evidence by arbitration courts revealed the lack of uniformity in the approach to the consideration of electronic evidence by law enforcers. Legislative proposals aimed at modernizing the system of procedural legal relations with respect to electronic evidence are being formed. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023.