External
-
‘Industry standard’ for use of arbitration platforms moves a step closer as pan-firm collaboration receives support
Today, an updated version of the Protocol for Online Case Management in International Arbitration has been published, reflecting the benefit of input from a wide spectrum of arbitrators, arbitral institutions, technology developers, parties to arbitrations, and their lawyers.
- Guidance
- External
30/11/2020 13:16
https://www.hoganlovells.com/en/news/industry-standard-for-use-of-arbitration-platforms-moves-a-step-closer-as-pan-firm-collaboration-receives-support
-
Due process challenges to virtual hearings? Good luck if your arbitration is seated in the United Arab Emirates
Momentum for the widespread adoption of virtual hearings has been building apace within the arbitration community. Technology has long been used as an efficiency and cost saving measure in the management of disputes, and ‘green arbitrations’ have attracted greater focus amid increasing global sustainability concerns. The Covid-19 pandemic has acted as a catalyst by forcing parties to shift proceedings to virtual forums or risk unquantifiable delays to hearings. That many future arbitral hearings will be conducted virtually now appears to be a general presumption. We explore below the admissibility, and likelihood of potential challenges, to virtual arbitrations seated ‘onshore’ in the UAE.
- News
- External
27/11/2020 16:45
https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=3aeebdf8-d607-4366-ab04-014170488dec
-
Virtual hearings: what do you need to do?
The move during 2020 to virtual hearings as a result of the pandemic has meant that parties, lawyers and arbitrators have had to quickly adapt to a new environment and a different way of operating; and while various guides have been issued by arbitral institutions and other organisations about how virtual hearings should operate, there has been no definitive ruling from the courts or amendment to statute yet which prescribes this. It has been necessary therefore to apply general principles to the new practice.
- Guidance
- External
27/11/2020 16:43
https://www.lexology.com/library/detail.aspx?g=34b6db4b-ea50-4a40-833c-f7ddf7d8a411
-
MOJ WILL EVALUATE REMOTE HEARINGS
A formal, independent evaluation will be commissioned into the use of video hearings in criminal cases during the COVID-19 pandemic, the Ministry of Justice (MoJ) has confirmed in its response to the Justice Select Committee.
- News
- External
26/11/2020 10:42
https://www.newlawjournal.co.uk/content/moj-will-evaluate-remote-hearings
-
When Supreme Court was forced to go virtual, their questions and arguments changed too
Like other courts across the nation, the U.S. Supreme Court has continued to hold hearings — remotely — during the coronavirus pandemic, considering arguments on issues as monumental as the survival of the Affordable Care Act. But Justice Stephen Breyer says that in the old days, the justices often used their questions to quiz, dispute or lobby one another. That’s changed now.
- News
- External
26/11/2020 10:39
https://www.sfchronicle.com/nation/article/When-Supreme-Court-was-forced-to-go-virtual-15754471.php
-
How the COVID-19 pandemic may shape the future of international arbitral proceedings
The travel restrictions and social distancing rules imposed as a result of the COVID-19 pandemic triggered a re-evaluation in the arbitration community of remote arbitral hearings. While several procedural aspects of arbitral proceedings were already regularly conducted remotely, such as organisational conferences and submissions via e-mail, most hearings were still held as physical in-person hearings.
- News
- External
26/11/2020 10:37
https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=a7f75d89-2cfd-4386-96b9-53341d0a55da
-
Event: COVID-19 and its Effects on International Arbitration [2 December 2020]
The School of International Arbitration is holding an event on the topic of “COVID-19 and its Effects on International Arbitration”. The seminar speakers are Erica Stein (Dechert, Brussels) and Prof Dr Mohamed S. Abdel Wahab (Zulficar & Partners, Cairo). The seminar is moderated by Prof Dr Maxi Scherer (School of International Arbitration, Queen Mary University of London). This event, which is open to both practitioners and students, will follow a round table format. Attendees will be able to ask questions to the panelists. Date: 02/12/2020 2:00 pm - 3:30 pm [CET]
- Guidance
- External
26/11/2020 10:28
http://www.arbitration.qmul.ac.uk/events/2020/covid-19-and-its-effects-on-international-arbitration.html
-
A GC’s Guide to ‘Virtual’ arbitration and the issues to think about
For many, the question of whether to commence or participate in proceedings now or at all has also arisen, forcing a multi-faceted analysis based on fast-evolving variables and an economic climate that continues to be uncertain. Partner Daniel Wilmot, Senior Associate Veronica Connolly, and Associate James Coen set out the issues that GCs should think about when considering whether to proceed with a virtual arbitration hearing.
- Guidance
- External
23/11/2020 15:23
https://www.stewartslaw.com/news/a-gcs-guide-to-virtual-arbitration-and-the-issues-to-think-about/
-
The future of dispute resolution webinar series: an alternative perspective part 1: A UK and US perspective on the future of arbitration and alternative dispute resolution
We are delighted to be holding part one of our two-part webinar series, hosted by Kennedys cross-sectoral experts taking place on Tuesday 24 November. Part one of our series will provide a UK and US perspective on the future of arbitration and alternative dispute resolution where: Michael Hogg will discuss the pros and cons to insurers of virtual arbitrations and mediation. Katherine Proctor will explore the future of international arbitration and whether COVID-19 will revolutionise it. Pamela Schultz and Jonathan Thames will provide a US perspective on the future of dispute resolution including the state and federal court's approach, the COVID-19 impact and the pros and cons of virtual depositions. Joanna Manthorpe will chair an interactive discussion with our speakers and welcome the opportunity for questions.
- Guidance
- External
19/11/2020 09:28
https://kennedyslaw.com/thought-leadership/events/201124-the-future-of-dispute-resolution-webinar-series-part-one-a-uk-and-us-perspective-on-the-future-of-arbitration-and-alternative-dispute-resolution/
-
Due Process Concerns in Virtual Witness Testimonies: An Indian Perspective
Before the Covid-19 pandemic, virtual witness testimonies were prevalent in specific instances, such as when witnesses could not reach the venue because of illness. Article 8.1 of IBA Rules on Taking of Evidence in International Arbitration permits virtual testimony only at the discretion of the tribunal. The Commentary on the Rules establishes that the tribunal’s decision to allow video-conference should depend upon the “sufficiency” of the reasons given.
- Guidance
- External
19/11/2020 09:23
http://arbitrationblog.kluwerarbitration.com/2020/11/17/due-process-concerns-in-virtual-witness-testimonies-an-indian-perspective/