VIRTUAL HEARINGS IN INTERNATIONAL ARBITRATION: CHALLENGES AND TRENDS
“Necessity is the mother of invention”, says a proverb attributed to Plato’s Republic. Indeed, if the primary driving force for most new inventions is a need, 2020 has all the features to lead the international arbitration community to progress and innovation.
Since social distancing became the norm, dispute resolution methods had to adapt to fully or partially remote settings. Fortunately, the use of technology is not something new to international arbitration. In recent times, it has become more usual to hold certain procedural aspects of a case remotely, such as presentations, case management conferences or taking the testimony of a witness.
Often, the decision to go online resulted from practical difficulties, such as costs, health issues or even visa restrictions. Following the pandemic, however, going online may be considered a preferred option even in the absence of adversities.
This article aims to address the main issues to consider before deciding to conduct virtual hearings.
Legal issues
The first thing to consider prior to opting for a virtual hearing is whether both parties agree to it. Given that party autonomy rules in arbitration, if both parties agree, there should be no reason in principle for the arbitral tribunal to reject it.
Oct-Dec 2020 issue
Veirano Advogados