التقاضي الإلكتروني: تحليل التحديات التطبيقية وتقييم الأطر التشريعية في سلطنة عمان د. حمد بن أحمد بن عامر السعدي1 د. خالد بن عبدالله بن خميس الخميسي2 د. محمد بن حسن بن علي الحمادي3 سعود بن أحمد بن عامر السعدي4

The rapid development of information and communication technologies has brought about significant transformations in various aspects of life, including the judicial system. Electronic litigation has consequently emerged as one of the manifestations of digital transformation in the administration of justice, through the use of electronic means and modern technologies in judicial proceedings, starting from filing lawsuits and exchanging pleadings and documents, through conducting remote hearings, and ending with the issuance and electronic publication of judgments. The significance of this research lies in the role of electronic litigation in developing the justice system and promoting the prompt and effective administration of justice. It offers several advantages, including expediting the resolution of cases, reducing time and costs, easing the burden on courts, and facilitating litigants’ access to judicial services. At the same time, its implementation raises a number of legal and technical challenges relating to procedural safeguards, data protection, digital identity verification, and the adequacy of existing legislation to accommodate an electronic judicial environment. The research aims to clarify the concept and characteristics of electronic litigation, distinguish it from traditional litigation, identify its principal advantages, and examine the most significant legal and technical challenges facing its implementation, with a view to proposing measures that may contribute to the development of the electronic litigation system in the Sultanate of Oman. The research problem concerns the extent to which electronic litigation can contribute to achieving prompt and effective justice in light of the legal and technical challenges associated with its implementation. Accordingly, the main research question is: To what extent does electronic litigation contribute to achieving prompt and effective justice, and what are the main challenges facing its implementation? The research adopts descriptive and analytical approaches. The descriptive approach is used to explain the concept, characteristics, and advantages of electronic litigation, while the analytical approach is employed to examine the relevant Omani legislation in order to assess its adequacy in meeting the requirements of electronic litigation and to identify any existing legislative shortcomings. The research is divided into two main sections. The first addresses the general concept of electronic litigation, while the second examines the principal challenges facing its implementation. Each section is divided into two subsections, and each subsection into two further parts. The research concludes with a summary of its principal findings and recommendations. The research reached several findings, most notably the inadequacy of clear and comprehensive legal provisions regulating electronic litigation, the limited level of digital awareness among some members of society, and the need for further development of the technological infrastructure and continuous training of human resources working within the judicial sector. In light of these findings, the research makes several recommendations, most importantly the enactment of comprehensive legislation regulating electronic litigation and expressly recognizing remote litigation procedures while clearly and comprehensively defining their requirements and safeguards. It further recommends strengthening the cybersecurity of electronic judicial platforms and ensuring adequate protection of data against breaches and unauthorized disclosure, developing the telecommunications and court infrastructure in the Sultanate of Oman, providing continuous training programs for judges and court personnel, and promoting digital awareness and literacy among members of society. Keywords: E-litigation, remote trial, traditional litigation, public hearings, judicial data protection.

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