Bermuda's marketability as a centre for international arbitration will increase tremendously if it makes use of the latest technology available.

And speedier and less costly trials could become the norm on the Island if Government embraces the Livenote system for all its court cases.

Graham Smith, chairman and chief executive with Smith Bernal International and the Livenote World Service, shared these ideas with The Royal Gazette yesterday.

The Livenote system -- which takes a stenographer's notes, converts it into text and displays the results on a screen within seconds -- has already been used in Bermuda.

Both the high-profile fraud trials of former Bank of Bermuda executive Arnold Todd and former Bank of Butterfield senior loan officer David Diggins used the Livenote technology.

Mr. Smith said that court reporting was one of two main avenues that the Livenote technology could service because of the need to have "an official record.'' "The text becomes a point of reference and lawyers and judges need to have that in every case whether it involves drugs or petty theft.'' Mr. Smith said that tape recording the proceedings was a step forward, but it was still slow because the process still only moved at the speed of the judge who writes the evidence down.

Moreover, he said that as Bermuda makes strides to establish a foothold in the international arbitration market, the need for Livenote technology becomes even more essential.

"We believe that international arbitration is an obvious market,'' he continued, "There will be more cross border disputes that need settling and they will require an impartial venue.

"Because of Bermuda's proximity to the United States, they will want to come here.'' However, before the idea can really take off, Mr. Smith said more proactive marketing needed to happen.

Additionally, he said that a spin off of the arbitration initiative, was the deposition market where American lawyers fly to Bermuda and take depositions from witnesses here.

"Technology will become an increasing component and potentially the most significant tool in the promotion of Bermuda as an arbitration centre. Lawyers expect to be able to have leading edge technology.'' So far, Smith Bernal International which has offices in Philadelphia, London and Hong Kong, has been involved in such cases as the OJ Simpson trial, the Wimbledon Tennis Championship and they are the official court reporters to the Court of Appeal and the central criminal courts in the United Kingdom.

They have also been appointed as the official reporter for court hearings in Hong Kong.

Overall, Mr. Smith said that the Livenote technology improves the operational efficiency of lawyers and its accuracy enhances the quality of justice.

Furthermore, he said speedier trials save taxpayers' money and it will assist Bermuda to market itself as an arbitration centre.

Livenote allows judges, barristers and solicitors the ability to participate because text appears on their screens two to three seconds after a witness or participant (in arbitration) has spoken the words.

Consequently, the judge is relieved of the responsibility of laborious note-taking throughout the day.

In the two Bermuda cases where it was used, it cost taxpayers up to $1,870 a day.

Smith Bernal International's Bermuda office is on Queen Street. Its Bermuda directors are accountant Deborah Brown and lawyer Richard Pearman.

Linda Gleghorn, who edited the evidence in the Todd and Diggins cases is the manager.

COURTS CTS