External
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New LCIA Rules Encourage Streamlined Proceedings and the Use of Technology
On 11 August 2020, the London Court of International Arbitration announced updates to its Arbitration Rules and Mediation Rules, as well as to its Schedule of Arbitration Costs and Schedule of Mediation Costs. The updates reflect important recent developments in relation to virtual hearings and electronic communication (which have become the norm during the COVID-19 pandemic), and reflect a number of best practices designed to improve the efficient conduct of arbitral proceedings, for example, by allowing early determinations of key issues, and clarifying and expanding the powers to consolidate or coordinate related proceedings.
- News
- External
21/08/2020 09:00
https://www.debevoise.com/insights/publications/2020/08/new-lcia-rules-encourage-streamlined
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PART TWO: Highlights of CIETAC Guidelines on Proceeding with Arbitration Actively and Properly during the COVID-19 Pandemic
In response to the challenges posed by the COVID-19 pandemic, the Guidelines provide speci?c measures for the arbitral tribunals, parties and counsels to deal with the dif?culties. Those measures are understood to be formulated on the further and speci?c explanation of the Arbitration Rules during this special period, encouraging the tribunal and the parties to reasonably Consider all available measures for them to proceed with the arbitration.
- Guidance
- External
20/08/2020 18:09
https://www.legalbusinessonline.com/part-two-highlights-cietac-guidelines-proceeding-arbitration-actively-and-properly-during-covid-19
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U.S. COVID-19: “The Show Must Go On!” Court Rejects Challenge to FINRA’s Virtual-Hearing Procedure
As courts around the country navigate how to handle proceedings during the COVID-19 pandemic, arbitral tribunals face the same struggles. The Financial Industry Regulatory Authority (“FINRA”) operates the largest arbitral forum for securities disputes and is continuously updating its procedures for holding hearings during the pandemic. FINRA’s current policy postpones all in-person hearings through October 2, and provides for virtual evidentiary hearings if the parties consent or the panel of arbitrators orders it. This week, one individual broker sued in federal court, seeking to enjoin FINRA from proceeding with a virtual, evidentiary hearing over his objection. He lost.
- News
- External
19/08/2020 12:25
https://www.jdsupra.com/legalnews/u-s-covid-19-the-show-must-go-on-court-14776/
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#PleaseMuteYourself: Cross-examinations in the new virtual reality
Even before the COVID-19 pandemic, it was common in arbitration proceedings to have procedural or jurisdiction hearings by tele-conference or video-conference. Virtual cross-examinations were usually restricted to examining witnesses living in remote locations who found it difficult or impossible to be physically present. However, in the last few months, with parties and counsel confined to their homes, virtual hearings have become the rage, a situation none us could have conceived or been prepared for five months ago.
- Guidance
- External
17/08/2020 10:18
https://www.barandbench.com/columns/pleasemuteyourself-cross-examinations-in-the-new-virtual-reality
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New Rules for a New Normal: The LCIA announces changes to its Arbitration Rules and Mediation Rules
On 11 August 2020, the LCIA released an update to its LCIA Arbitration Rules and LCIA Mediation Rules (the Rules). The updates to the Rules will become effective on 1 October 2020, marking six years since the arbitration rules currently in force came into effect. The updates reflect developments in good practice amongst arbitration and mediation practitioners, some of which have accelerated during the COVID-19 pandemic. They also respond to users’ desire for even more streamlined arbitral and mediation processes and for environmentally sustainable procedures as the arbitration community prepares for “the new normal”.
- Legal
- External
17/08/2020 10:16
https://www.lexology.com/library/detail.aspx?g=9a50a633-a212-406a-ba4c-92ffcfec8997
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Arbitration in South Africa receives another boost
New Rules make provision for remote hearings, which may remain in fashion after the current COVID-19 pandemic has gone away (Art 21(6)).
- News
- External
14/08/2020 17:15
http://arbitrationblog.kluwerarbitration.com/2020/08/14/arbitration-in-south-africa-receives-another-boost/?doing_wp_cron=1597425316.1815121173858642578125
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New LCIA rules in force on 1 October 2020: refreshing the LCIA’s approach?
The London Court of International Arbitration (LCIA) has announced changes to its rules which will come into force on 1 October 2020. The revisions to the LCIA Rules have been couched in terms of an ” update ” rather than a wholescale rewrite. Nonetheless, some changes of note have been made. The new Rules allow for the commencement of multiple arbitrations in a “composite Request” and expand the circumstances in which consolidation may be available. […] We also see a recognition of the reality of current practice, with express drafting included to allow the Tribunal discretion to order a virtual hearing, or a combination of remote and in person attendance.
- News
- External
13/08/2020 15:21
https://www.lexology.com/library/detail.aspx?g=85d24ccb-4734-48ed-82ed-000cdd7f859a
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Institutional responses to COVID-19 pandemic: cooperation, collaboration and going virtual
As the COVID-19 pandemic has shut businesses, locked down communities and closed borders, the international arbitration community is not alone in having to rapidly develop new ways of working. For a cross-border system of dispute resolution that frequently involves participants from different countries, the challenge posed by COVID-19 is acute. However, given that arbitration is a flexible and consensual process, it is well positioned to respond swiftly to these challenges. In a short time, the international arbitration community – led by the major arbitral institutions – has collaborated to find ways to maintain access to justice in a timely and efficient manner.
- Guidance
- External
13/08/2020 15:19
https://www.lexology.com/library/detail.aspx?g=b75a3a23-75d4-45b4-bd7f-88128188fa23
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Year 126 and onwards: planning for the future of London’s Commercial Court
English commercial court looks at virtual hearings. Will there be lessons to be learned for the arbitration community? London’s Commercial Court, in collaboration with London International Disputes Week (LIDW) and Opus 2, is to present the first virtual seminar as part of the celebration of the Court’s 125th Anniversary; ‘Year 126 and onwards: planning for the future of London’s Commercial Court’. This half-a-day seminar on 7 September 2020, chaired by Lord Justice Flaux, Supervising Lord Justice for the Commercial Court will reflect on key issues for the Court’s future: the lessons from the recent use of remote hearings, and new developments in both the Disclosure Pilot and the approach to witness statements.
- News
- External
13/08/2020 14:09
https://cc125seminar.opus2.com/register
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Virtual Arbitrations: International best practices
This sequel to the first paper in the article series titled ‘Virtual arbitrations’ discusses how various institutions and bodies across the globe have reacted to the ongoing pandemic. Covid-19 has highlighted the inadequacy and obduracy of the in-person arbitration processes vis-à-vis virtual arbitrations. Social distancing is the new normal. Consequently, modern and innovative measures are required to address the ever rising and incessant need to resolve disputes.
- Guidance
- External
11/08/2020 15:26
https://www.lexology.com/library/detail.aspx?g=2cc254d9-7654-40af-b8a0-dabd282fb4f8