External
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Trial by Zoom on trial
Chiann Bao of Arbitration Chambers Hong Kong and Ula Cartwright-Finch of Cortex Capital consider arbitrations by Zoom – and the impact of the exponential increase in screen use on cognitive performance and the adjudication of such cases.
- Guidance
- External
06/10/2020 12:59
https://globalarbitrationreview.com/article/1230628/trial-by-zoom-on-trial
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Event: Online arbitration hearings: Legal considerations and practical implications [7 October 2020]
Online hearings have become a topical issue due to the COVID-19 global pandemic that has had and continues to have, far reaching ramifications for governments, people, businesses, transactions, disputes and dispute resolution. Since March 2020, parties, counsel, arbitrators and institutions have explored, and continue to explore, their options to hold virtual hearings. It is in this context that institutions, associations and organisations have issued guidance notes in an attempt to address efficiency and mitigate risks of breaches of due process. Despite the wealth of available resources, still, a roadmap or pathway, setting out the diverse legal issues that ought to be considered when assessing whether to proceed with a virtual hearing or not, was missing. It is in this context that the speaker intends to shed light of the past, present and future of online hearings and will present the Abdel Wahab Pandemic Pathway that is intended to assist parties, counsel and tribunals when faced with a dispute over whether an online hearing on the merits should be held or not.
- News
- External
05/10/2020 11:27
https://www.ciarb.org/events/online-arbitration-hearings-legal-considerations-and-practical-implications/
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Event: Being indispensable in (virtual) arbitration: how junior members of the team can impress [14 October 2020]
Junior lawyers have always been critical in the preparation for and running of arbitration and arbitral hearings. They are relied on by their counsel team, clients and the arbitrators in many unseen ways. With the expedited progression of arbitration into virtual hearing rooms looking set to stay, RPC, Twenty Essex and CIArb take this opportunity to examine the critical role of junior lawyers and what opportunities there are for those lawyers to stand out and make a real difference. Our speakers will share their experiences (good and bad!) and offer advice to the next generation of arbitration leaders.
- News
- External
05/10/2020 11:22
https://twentyessex.com/webinar-being-indispensable-in-virtual-arbitration-how-junior-members-of-the-team-can-impress/
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Webinar Series: International Arbitration Practices, Strategies and Challenges – Flexibility and Virtual Hearings During and After the Pandemic [14 October 2020]
Bryan Cave Leighton Paisner LLP and Gornitzky & Co are hosting a four part series of webinars on International Arbitration Practices, Strategies and Challenges. In the second session on 14 October we will cover Flexibility and Virtual Hearings During and After the Pandemic. Speakers: Claire Morel de Westgaver, BCLP Nir Keidar, Gornitzky & Co Jane Player, Jane Player Mediation Dr. Gustavo Moser, LCIA
- News
- External
02/10/2020 16:33
https://www.bclplaw.com/en-GB/news-events/webinar-series-international-arbitration-practices-strategies-and-challenges-part-one.html
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Istanbul Arbitration Center (ISTAC) Announces Online Hearing Rules and Procedures
While Coronavirus continues to have a huge impact on industry and commerce globally, ISTAC has made decisive steps to use widely available video and telephone technology to mitigate unnecessary delays to arbitration proceedings. Providing a simple roadmap to best practice for conducting online hearings, the 10 articles of the rules and procedures resolve issues surrounding the legal and practical implications of virtual hearings. These include the initial decision to hold an online hearing in a virtual court, its purpose and scope, preparations, who may attend, the use of witnesses and experts, and so on.
- News
- External
01/10/2020 11:38
https://iclg.com/briefing/14656-istanbul-arbitration-center-istac-announces-online-hearing-rules-and-procedures-turkey
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Online platform launched for settling pandemic-related disputes
(Hong Kong) Rental disputes is the top issue handled by an online platform launched in June to arbitrate commercial disputes caused by Covid-19. Platform eBRAM - electronic business-related arbitration and mediation - launched the government-supported resolution services targeting SMEs this summer. It handles disputes involving amounts of less than HK$500,000.
- News
- External
30/09/2020 15:50
https://www.thestandard.com.hk/breaking-news/section/4/156361/Online-platform-launched-for-settling-pandemic-related-disputes
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Online Arbitration Hearings: A review of key developments in response to COVID-19
Arbitration users are well-accustomed to remote hearings. Whether a procedural hearing held by telephone, or a witness cross-examined by video-link, the technology to conduct remote hearings in international arbitration has been available and has been used for many years. The conduct of a fully remote hearing in international arbitration is, however, something that has been relatively rare until now. In the first of our reports in this series, we surveyed lawyers across our global platform and spoke to our clients to distil some common themes about their experience of online hearings (both court proceedings and arbitration) in the immediate aftermath of COVID-19 confinement. In this second report, we focus on arbitration and look at how arbitral institutions have adapted in response to COVID-19. We draw out some of the key legal as well as practical challenges faced, and we offer some observations on what the future may look like.
- Guidance
- External
30/09/2020 15:47
https://www.dlapiper.com/en/uk/insights/publications/2020/09/virtual-hearings-report/
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Virtual hearings: just a stop-gap?
Speakers at GAR Interactive: Europe discussed their experiences of virtual hearings during the covid-19 pandemic and the implications for advocacy, cross-examination, procedure and ethical conduct. Event co-chair Bernard Hanotiau of Hanotiau & van den Berg said he had never seen the arbitration industry disrupted to the extent it has been by covid-19.
- News
- External
25/09/2020 16:45
https://globalarbitrationreview.com/article/1232633/virtual-hearings-just-a-stop-gap
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WHEN IT COMES TO CYBERSECURITY – WHAT IS YOUR WEAKEST LINK?
Confidentiality is key. In the wake of the digitalisation of arbitration processes follows a new focus on protection against data breach. Lise Alm, Head of Business Development at SCC, offers a checklist with the where, when and how-questions needed for assessing your vulnerabilities.
- Guidance
- External
25/09/2020 16:43
https://sccinstitute.com/about-the-scc/news/scc-forecasts/when-it-comes-to-cybersecurity-what-is-your-weakest-link/
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Online Dispute Resolution Platforms: Cybersecurity Champions in the COVID-19 Era? Time for Arbitral Institutions to Embrace ODRs
The COVID-19 pandemic has led to an increase in the interest in alternative dispute resolution, especially arbitrations conducted online. The greater utilization of online platforms and digitization has coincided with the growing frequency and sophistication of cyber-attacks. Reportedly, by 2021 a business will fall victim to cyber-attacks every 11 seconds. Therefore, it is critical for these platforms to provide secure digital environments where the exchange of communications, storage of evidence and files, and virtual hearings can be conducted remotely and securely.
- Guidance
- External
25/09/2020 16:39
http://arbitrationblog.kluwerarbitration.com/2020/09/25/online-dispute-resolution-platforms-cybersecurity-champions-in-the-covid-19-era-time-for-arbitral-institutions-to-embrace-odrs/