Electronic litigation and its conflict with the principle of equality between litigants

Abstract

Electronic litigation represents a pivotal component of the digital transformation in judicial systems, leveraging digital media and information technologies to conduct court proceedings—from filing lawsuits, notifications, and exchange of memoranda, to holding hearings and issuing judgments electronically. This innovation enhances access to justice by overcoming traditional constraints of time and place, reducing procedural costs, improving transparency, and ensuring accurate, retrievable records. This paper examines the conceptual and legal framework of electronic litigation, focusing on Sudanese and Arab legislation—particularly the Electronic Transactions Act of 2007 and the Evidence Act of 1994—while also considering relevant international norms and Islamic jurisprudence. Comparative experiences from countries such as the UAE, Saudi Arabia, Egypt, and the European Union are analyzed to derive lessons applicable to the Sudanese context. The study highlights key advantages, including procedural acceleration, cost efficiency, and improved case management, alongside challenges such as technological disparities, digital literacy gaps, and legal ambiguities. A critical issue addressed is the compatibility of electronic litigation with the principle of equality of parties, ensuring equal procedural opportunities and fairness despite differences in access to digital resources.