COVID-19 related delay in international commercial arbitrations seated in England and Wales

Generally speaking, commercial arbitrations which are seated in England and Wales must be conducted as expeditiously as possible. However, as well-intentioned as the tribunal and parties may be, COVID-19 continues to cause much delay in the conduct of international arbitration. This post doesn’t seek to express a view on the merits of such applications but attempts to shine a light on the kinds of applications that practitioners are now facing on a day-to-day basis.

• News
• External

12/07/2020 04:00

http://arbitrationblog.practicallaw.com/covid-19-related-delay-in-international-commercial-arbitrations-seated-in-england-and-wales/

The Africa Arbitration Academy Protocol on Virtual Hearings in Africa: taking virtual hearings to the 21st century

While there are many interesting and useful features proposed by the protocol which parties should consider adopting, one aspect in particular merits a more detailed discussion: the provisions relevant to internet connectivity. The plethora of studies and webinars discussing virtual hearings in recent times often focus on issues such as number of screens, monitoring of witnesses and the management of documents (electronically or in hard copy) in tandem with the video link. Few have addressed a fundamental problem that is especially pertinent to Africa, which is the ability to access a stable internet connection.

• News
• External

09/07/2020 15:57

http://arbitrationblog.practicallaw.com/the-africa-arbitration-academy-protocol-on-virtual-hearings-in-africa-taking-virtual-hearings-to-the-21st-century/

The hitchhiker’s guide to virtual hearings (Part 2)

by Frederico Singarajah Barrister at Hardwicke When considering virtual hearings in arbitration, there are a number of matters which require discreet consideration beyond that of an ordinary face-to-face hearing. For ease, I would put those into five categories, the first and second of which I addressed in Part 1, with an analysis of the remaining categories in this second blog: Hearing platform. Document presentation. Confidentiality and security. Witness examination. Advocacy.

• Guidance
• External

09/07/2020 15:55

http://arbitrationblog.practicallaw.com/the-hitchhikers-guide-to-virtual-hearings-part-2/

The investment treaty implications of COVID-19 responses by states

• Legal
• External

09/07/2020 04:00

http://arbitrationblog.practicallaw.com/the-investment-treaty-implications-of-covid-19-responses-by-states/

Agile arbitration during a pandemic: change for the better?

• Legal
• External

09/07/2020 04:00

http://arbitrationblog.practicallaw.com/agile-arbitration-during-a-pandemic-change-for-the-better/

International Arbitration Pre-Hearing Checklist by Aníbal Sabater, Chaffetz Lindsey LLP with Practical Law Arbitration

A Checklist of key issues parties should consider when planning an arbitration hearing. This Checklist covers hearing format (remote or in-person), dates and locations, hearing sequence and time allocation, attendees, testimony, preparation of exhibits, technology use and other logistics. This checklist has been updated in light of the extreme limits on in-person meetings during the 2019 novel coronavirus disease (COVID-19) crisis.

• Guidance
• External

08/07/2020 16:06

https://uk.practicallaw.thomsonreuters.com/w-000-5334?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

Arbitration and COVID-19: Cybersecurity and data protection

International arbitration has been moving online for some time and the impact of COVID-19 has significantly helped hasten this transition. Parties are increasingly communicating exclusively online, filing and exchanging documents electronically, storing documents online, conducting interlocutory hearings via telephone or videoconference and now, conducting full hearings virtually. While this swift transition has many positives, it raises concerns with respect to cybersecurity. This risk is increased where parties and tribunals use technologies unfamiliar to them and work from home on unsecured networks. The cybersecurity risks are exacerbated in the current climate as hackers use COVID-19 as "bait" to launch cyber-attacks on new and vulnerable remote working infrastructure and hijack video conference calls.

• Guidance
• External

08/07/2020 16:03

https://www.ashurst.com/en/news-and-insights/legal-updates/arbitration-and-covid-19---cybersecurity-and-data-protection/

GDPR and cybersecurity obligations in the rapid ‘virtualisation’ of arbitration hearings

The current pandemic has forced the legal world to shift to an unprecedented remote working model. Video conferencing and virtual hearings are becoming the new norms, and many are predicting the extent to which their use will be a mainstay of dispute resolution, including international arbitration, post-crisis. In this article, Vikram Khasriya, a trainee solicitor in our International Arbitration team, considers data-related concerns arising from the virtualisation of arbitration hearings, what guidance exists to help parties plan their data protection measures, and highlight some of the provisions in the Roadmap to Data Protection in International Arbitration published in February 2020.

• News
• External

08/07/2020 16:01

https://www.stewartslaw.com/news/gdpr-and-cybersecurity-obligations-of-virtual-arbitration-hearings/

Dispute resolution firm secures Innovate UK grant

THE team behind the recently-established Consumer Code for Online Dispute Resolution (CCODR) in Belfast has secured £50,000 in funding from the £20m Innovate UK grant scheme following a competitive process.

• News
• External

07/07/2020 09:22

https://www.irishnews.com/business/2020/07/07/news/dispute-resolution-firm-secures-innovate-uk-grant-1997003/

COVID-19: tips for arbitrating during the pandemic by Practical Law Arbitration

A Checklist examining issues facing parties to an arbitration during the 2019 novel coronavirus disease (COVID-19) crisis, including the use of video conferencing and conducting proceedings entirely remotely, with each participant in separate locations.

• Guidance
• External

07/07/2020 09:13

https://uk.practicallaw.thomsonreuters.com/w-026-0843?transitionType=Default&contextData=%28sc.Default%29