External
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Asynchronous Hearings: The Next New Normal?
This blog post discusses whether asynchronous participation in hearings will be the next New Normal. Arbitration practitioners are currently getting used to the existing New Normal of remote hearings. Even though remote hearings have been around for some time (ICSID, for instance, announced that in 2019 the majority of its hearings and sessions were held remotely, and the Seoul Protocol on Video Conferencing in International Arbitration was finalized before the start of the pandemic), COVID-19 has propelled the use of videoconferencing and other technology into the arbitration mainstream.
- Legal
- External
14/09/2020 10:20
http://arbitrationblog.kluwerarbitration.com/2020/09/09/asynchronous-hearings-the-next-new-normal/
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Event: New Rules for a New World: Will Covid-19 Make International Arbitration Better
Innovation and improvement often arise in the wake of global crises. Will the same be true for COVID-19 and international arbitration? On 30 September 2020, NYIAC will host the authors of the 2019 book, The International Arbitration Rulebook: A Guide to Arbitral Regimes, to discuss the dramatic innovations that have become commonplace in international arbitration since the onset of the COVID-19 pandemic—and whether those innovations will continue after the crisis subsides. Will international arbitration be changed on a permanent basis, and if so, will the changes be for the better? Topics will include virtual hearings, expedited procedures, and the increased use of submission agreements to commence international arbitration cases and dispositive motions to resolve them. The panel will also discuss the recent revisions to the LCIA Rules in this context.
- Guidance
- External
14/09/2020 10:18
https://onlinexperiences.com/scripts/Server.nxp?LASCmd=AI:4;F:QS!10100&ShowUUID=51480B60-448F-4A40-A276-04DBEA30B21B
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European courts turn to technology for pandemic response
Courts in various European jurisdictions have responded innovatively, putting in place measures to try to achieve business as usual during the pandemic as far as possible. Covid-19 has accelerated the use of pre-existing technology solutions, but will also act as a catalyst for further change and cutting-edge innovation in the future. These changes will impact formal court procedures, as well as the way in which lawyers work with their clients in and across different jurisdictions.
- Guidance
- External
09/09/2020 14:49
https://www.pinsentmasons.com/out-law/guides/european-courts-technology-pandemic-response
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KWM on why virtual hearings are a “new and exciting phenomenon”
When the COVID-19 pandemic hit the world, government restrictions on travel and movement forced sectors to diversify their operations. This presented a challenge for legal proceedings. Thanks to technological advancements, the industry was able to adopt virtual hearings, as an effective alternative approach to physical hearings, to avoid delays and ensure that disruption to legal proceedings were kept to a minimum.
- News
- External
08/09/2020 12:36
https://www.constructionweekonline.com/business/266990-kwm-on-why-virtual-hearings-are-a-new-and-exciting-phenomenon
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Survey To Ask If Parties Have Right To A Physical Hearing
With COVID-19 having pushed many international arbitration hearings online, a new survey announced Friday will seek guidance from commonly used jurisdictions in international arbitration on whether parties have a right to conduct in-person hearings.
- Legal
- External
08/09/2020 12:29
https://www.law360.com/articles/1307506
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Virtual Arbitration: The Impact of COVID-19
The need of the international community to resolve their disputes during the COVID-19 pandemic has resulted in a sudden increase in the number of arbitrations taking place virtually. Governments have imposed containment measures, making it impossible to conduct in-person arbitrations. Several concerns have been raised regarding the adequacy of present-day procedural frameworks to accommodate virtual arbitrations, witness testimonies, and cross-examination taking place virtually, and limitations of new technologies, and issues arising therefrom. This note addresses these concerns in light of the various soft law instruments that were already in place or have been developed to facilitate the transition to virtual arbitrations as the ‘new normal’. In addition to serving as guidelines on how to conduct arbitrations, take evidence, and handle witness testimonies and cross-examinations, these soft law instruments ensure that the rights of the parties are not prejudiced as a result of arbitrations taking place virtually. Lastly, after listing some of the platforms available to the parties for conducting virtual arbitrations and features thereof, this note concludes with some remarks on how the ‘new normal’ impacts the future of arbitration.
- Guidance
- External
04/09/2020 12:21
http://ijal.in/sites/default/files/Vol9Issue1/Amnd/David_Bateson-Virtual_Arbitration_The_Impact_of_COVID-19.pdf
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SIAC Congress Recap: This House believes that Virtual Hearings are just as effective as In-Person Hearings
Since COVID-19, virtually everything that can be moved online has been moved online. The Singapore International Arbitration Centre (“SIAC”)’s flagship event, SIAC Congress, is no exception and as such, it was most befitting that the motion of the debate was “This House believes that Virtual Hearings are just as effective as In-Person Hearings“.
- News
- External
04/09/2020 12:19
http://arbitrationblog.kluwerarbitration.com/2020/09/04/siac-congress-recap-this-house-believes-that-virtual-hearings-are-just-as-effective-as-in-person-hearings/
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Does a Right to a Physical Hearing Exist in International Arbitration?
ICCA is pleased to collaborate with Professor Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou on ‘Does a Right to a Physical Hearing Exist in International Arbitration’, a research project aimed at addressing the questions raised during the recent COVID-related surge in remote hearings on whether a ‘right to a physical hearing’ exists in international arbitration. A report on the subject will be published as a volume of the ICCA Reports series, which will serve as both a ‘snapshot’ of the law and as a set of practical considerations to guide future practice.
- Legal
- External
04/09/2020 12:12
https://www.arbitration-icca.org/projects/Right_to_a_Hearing_in_International_Arbitration.html
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Virtual Arbitration Roundtable Discussion and Tips
The coronavirus pandemic has resulted in an increase in virtual arbitration participation for expert witnesses. This abrupt shift has removed expert witnesses from hearing rooms and face-to-face interaction with judges, arbitrators, and counsel. More often, participants in these processes are giving evidence and undergoing cross examination while in their home locations and dealing with the complexities and evidence arising from factually heavy commercial disputes with the added communication and technology challenges of an audio or video conference environment. In this backdrop, we gathered a group of construction experts to discuss their recent experiences giving testimony in a virtual setting and offer advice on how expert witnesses can best prepare for this new reality.
- Guidance
- External
04/09/2020 09:00
https://ankura.com/insights/virtual-arbitration-roundtable-discussion-and-tips/
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Bar Council statement on the quarantine exemption
On 8 June 2020 the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 came into force. By regulation 4(9)(c) a person may not break their self-isolation except “to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings”. Because it was unclear who was specifically included in this exemption, we have continued to press the Department for Transport to confirm, as it has now done, whether barristers are included. They have now confirmed that the permission to leave a place of self-isolation to participate in legal proceedings applies to anyone involved in the proceedings, including defendants, witnesses and instructing solicitors.
- Guidance
- External
03/09/2020 16:13
https://www.barcouncil.org.uk/resource/bar-council-statement-on-the-quarantine-exemption.html