THE REAL ‘ARBITRATION 2.0’ – HOW A PANDEMIC ROCKED THE ARBITRATION BOAT
Although the rules have not yet adapted to the ‘new normal’ and do not clearly stipulate that the use of virtual hearings is perfectly acceptable to resolve disputes, most legislations are flexible enough to accommodate. The process itself remains the same and the concept of bringing in a neutral to resolve a commercial (or otherwise) dispute has not changed. Certain practitioners and clients may feel some apprehension to switch to virtual proceedings but the concept of leveraging technology to improve the arbitration process is nothing new.
For over a decade, practitioners have discussed the necessity to increase the use of videoconferencing, virtual witness depositions, e-bundles and document management systems to attempt paperless arbitrations. More recently, with the growing impetus behind climate change, an even newer stream of thought leadership emerged around green arbitration. Coronavirus (COVID-19) is merely fast tracking the adoption of modern methods by forcing practitioners to isolate from one another, stimulating faster disruption of the established paradigm. Now, while the current global situation is obviously less than perfect, the increased adoption of modern tools may well help the arbitration process to become more efficient and cost effective in the long term.
Most practitioners have already held virtual meetings, conducted virtual direct and cross-examinations of witnesses or experts or used some form of technology-assisted processes. Most arbitrations worldwide already incorporate live transcripts, streaming, electronic presentation of evidence and other technological tools. None of this is novel. However, it is now fast becoming mainstream. By way of example, we have seen some drastic changes in recent months such as the Vis East and Vis Moot competitions making a fast virtual switch to take place online. Most applications out there meet the needs of the legal community for clarity of speech, clarity of video and some basic controls coupled with heightened cyber security.
Jul-Sep 2020 issue
BVI International Arbitration Centre