Smart Courts in Cross-Border Litigation

Smart courts use modern technology to improve the efficiency of trials, enabling the parties to access court proceedings from a distance. This advantage is particular-ly important in cross-border litigation, which is characterised by the cost and incon-venience for at least one party to take part in proceedings abroad. However, al-though technology can significantly improve procedural efficiency, legal obstacles make efficiency impossible to achieve. This article uses service of proceedings, col-lecting evidence and virtual hearing as examples to show how the current law, espe-cially the old-fashioned concept of sovereignty, hampers the functioning of technol-ogy. In the age of technology, it is necessary to reconceptualise sovereignty. This article argues that private autonomy may be utilised to reshape sovereignty in cross-border litigation procedures and reconcile the conflict between sovereignty and technology.