External
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International arbitration hearings in a post pandemic world
Aoife Keane examines the effect of recent rule changes and direction of travel regarding international arbitration hearings in a post pandemic world.
- Guidance
- External
14/01/2021 09:42
https://www.seddons.co.uk/our-thinking/international-arbitration-hearings-post-pandemic-world
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Imposing Virtual Arbitration Hearings in Times of COVID-19: The Swiss Perspective
On 6 July 2020 the Swiss Federal Tribunal has issued a decision in which it has held that the COVID-19 pandemic does not serve as a sufficient justification to impose virtual hearings in state court proceedings against a party’s will. With a view to field of arbitration, the question thus arises whether the respective reasoning of the highest Swiss court may have any impact on the practice of arbitral tribunals seated in Switzerland.
- News
- External
14/01/2021 09:38
http://arbitrationblog.kluwerarbitration.com/2021/01/14/imposing-virtual-arbitration-hearings-in-times-of-covid-19-the-swiss-perspective/
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2021 ICC rules of arbitration: towards making arbitration even more attractive
On 6 October 2020, the International Court of Arbitration of the International Chamber of Commerce (the ICC Court) released a revised version of its Rules of Arbitration. The revised Rules will enter into force on 1 January 2021. They will apply to all arbitrations commenced on or after 1 January 2021, unless the parties "have agreed to submit to the Rules in effect on the date of their arbitration agreement" (Art. 6(1)). While the revisions of the Rules do not constitute major changes, it is important to be aware of them as they further enhance the transparency, flexibility, and efficiency of ICC arbitration.
- News
- External
13/01/2021 14:55
https://www.clydeco.com/en/insights/2020/12/2021-icc-rules-of-arbitration-towards-making-arbit
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Australia: Technology and the value of expert evidence in arbitration
Until recently, practitioners largely agreed that the process of hearing expert evidence during arbitration, particularly in large and complex matters, would be hindered by the virtual environment. Concern centred around the effectiveness of explaining technical issues and the limitations of cross-examination and determining witness credibility. Practicalities during the current pandemic have forced an earlier adoption of virtual arbitral hearings than the industry may otherwise have accepted. Forensic experts Ruby Lee and David Van Homrigh shared their insights with the ACICA Review into the value of expert input in arbitration, particularly in the virtual space.
- News
- External
13/01/2021 14:52
https://www.mondaq.com/australia/arbitration-dispute-resolution/1025080/technology-and-the-value-of-expert-evidence-in-arbitration?country_id=Greece
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Virtual Workshop 2021-Remote Hearings: The New Normal? (28 January 2021)
As hybrid and remote hearings have become commonplace, there are various issues that can arise. The AAA-ICDR Asia CMC and Schellenberg Wittmer (Singapore) will discuss these issues and more during their Virtual Workshop 2021, a unique and interactive opportunity for participants to actively discuss a real case scenario on relevant and concurrent issues in relation to remote hearings, as well as practical solutions.
- News
- External
12/01/2021 12:51
https://go.adr.org/remote-hearings-virtual-workshop-jan28.html
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Remote hearings in international arbitration—a practical guide
Written in partnership with Steven Finizio at WilmerHale, this Lexis®PSL Arbitration Practice Note provides a detailed overview of this highly practical and topical subject, including sections on: considering the options for remote hearings (ie fully remote or partially remote); potential benefits and concerns when conducting hearings remotely; potential legal issues related to remote hearings such as the arbitral tribunal’s power to order a remote hearing without a party or all parties’ consent; and, all key aspects of planning and conducting remote hearings, including discussion of the technology required.
- Guidance
- External
08/01/2021 17:10
https://www.lexisnexis.co.uk/legal/guidance/remote-hearings-in-international-arbitration-a-practical-guide
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Adapting International Arbitration Through Remote Technology
The arbitration world is rapidly adapting to remote arbitration hearings. The Arbitration Institute of the Stockholm Chamber of Commerce, one of the leading institutions for international arbitration, is leading the charge to adapt arbitration processes and technologies to remote hearings. Lise Alm, head of business development, discusses how her organization is helping to transform arbitration heariings not only for the current situation but to prepare for the future as well. Sebastiaan Bos, director of solutions for Europe, the Middle East and Asia at Thomson Reuters, joins the discussion to discuss how advanced workflow technologies such as HighQ can help enable this transformation.
- News
- External
07/01/2021 15:02
http://legalcurrent.thomsonreuters.libsynpro.com/adapting-international-arbitration-through-remote-technology
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The 2021 ICC Arbitration Rules: Changes to the Arbitral Tribunal’s Powers
New Article 26: “A hearing shall be held if any of the parties so requests or, failing such a request, if the arbitral tribunal on its own motion decides to hear the parties. When a hearing is to be held, the arbitral tribunal, giving reasonable notice, shall summon the parties to appear before it on the day and at the place fixed by it. The arbitral tribunal may decide, after consulting the parties, and on the basis of the relevant facts and circumstances of the case, that any hearing will be conducted by physical attendance or remotely by videoconference, telephone or other appropriate means of communication.”
- News
- External
05/01/2021 13:42
http://arbitrationblog.kluwerarbitration.com/2021/01/04/the-2021-icc-arbitration-rules-changes-to-the-arbitral-tribunals-powers/
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International Arbitration and Legal Technology in Singapore
Despite all of its efficiencies and scalability, virtual hearings present a huge adjustment to traditional physical proceedings. This article explores the potential legal issues that may arise in a virtual arbitration hearing and possible safeguards that can be put in place to address these potential legal issues.
- Legal
- External
05/01/2021 13:33
https://benchmarklitigation.com/NewsAndAnalysis/International-Arbitration-and-Legal-Technology-in-Singapore/Index/6446
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2020 in Review: Reflections on the Sea-Change in Arbitration in Southeast Asia
Prompted by necessity, arbitration in Southeast Asia adapted to the sea-change by: (i) using technology for virtual hearings, events and to build on existing diversity initiatives, (ii) developing domestic arbitration case law and legislation, and (iii) propelling international economic treaties forward. Our Southeast Asia editorial team looks back on how the region has subtly shifted towards private commercial dispute resolution this year, and considers whether these developments are likely to stay with us.
- News
- External
04/01/2021 09:56
http://arbitrationblog.kluwerarbitration.com/2020/12/30/2020-in-review-reflections-on-the-sea-change-in-arbitration-in-southeast-asia/