External
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Innovation produces surprising benefits:Video Conferencing and Narrative Witness Statements and `commercial Arbitration
As an arbitrator, I have long encouraged the use of narrative or written witness statements as a vehicle for introducing the direct testimony of witnesses under the control of a party at the arbitration hearing. Responding to feedback from counsel, I eventually developed a formal protocol, essentially an instruction manual, standardizing the process. I even expanded the protocol to incorporate the use of video conferencing for witnesses that were not available at the hearing, but never suggested the entire hearing would be virtual.
- News
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01/07/2020 08:24
http://legalnews.com/detroit/1489430/
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PRACTICAL CONSIDERATIONS FOR HOLDING A REMOTE ARBITRATION HEARING
June 2020 – James Hosking and Marcel Engholm Cardoso recently wrote an article about things to consider when participating in virtual arbitration hearings. Publication of the article is forthcoming in the New York Dispute Resolution Lawyer, Summer 2020, Vol. 13 No 2, a publication of the New York State Bar Association Dispute Resolution Section.
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01/07/2020 08:04
https://www.chaffetzlindsey.com/publication/practical-considerations-for-holding-a-remote-arbitration-hearing/
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Do virtual hearings without parties’ agreement contravene due process? The view from Singapore
The use of virtual hearings is not new in international arbitration. However, the COVID-19 pandemic has necessitated, and accelerated, a shift from in-person hearings to virtual hearings. With travel bans in place and no visibility of when countries will open their borders again, in-person hearings will likely be the exception rather than the norm for the next 12 to 18 months. One important issue is how parties and arbitrators can ensure that virtual hearings, especially of the main evidential hearing or an application that may be dispositive of the entire case, comply with due process. This will be crucial to avoid a subsequent successful setting aside application, especially by parties who may be strategically resisting meaningful participation in virtual hearings.
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- External
01/07/2020 08:00
https://www.withersworldwide.com/en-gb/insight/article/pdf/9509
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Online Dispute Resolution-Opportunities and Challenges
On June 27, while addressing on a webinar organised by IDRC, Mr. Amitabh Kant, CEO, NITI Aayog has stated that, ‘India is at a cusp of transformative change with use of Technology in the Judicial System and our Supreme Court is leading us in innovative ways. Government is committed to strengthen the Alternative Dispute Resolution System and Online Dispute Resolution so that it can lessen the burden on our Courts so that they can focus on more complex cases’.
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30/06/2020 15:03
https://www.indialegallive.com/top-news-of-the-day/news/online-dispute-resolution-opportunities-and-challenges
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Virtual Hearings: Empirical evidence from our global experience
DLA Piper presents the first global, empirical study on the use of virtual hearings as a result of the COVID-19 confinement measures. We analyse the experience of our lawyers, and reflect on feedback from our clients.
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30/06/2020 05:00
https://www.dlapiper.com/en/uk/insights/publications/2020/05/virtual-hearings-report/
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Virtual hearings a win for BigLaw clients
Greater efficiency, lower costs and better client experience are all indicators that the rapid pace of change in the legal profession is to the benefit of those whom lawyers serve. The way that BigLaw firms serve their clients – “from pro bono to blue chip” – is evolving at a breakneck speed. This, according to a new report from DLA Piper, is a good thing. In the “Virtual hearings: Empirical evidence from our global experience” report, DLA Piper global co-chair of litigation and regulatory Jean-Pierre Douglas-Henry and global international arbitration practice manager and of counsel Ben Sanderson wrote that some “unquestionably outdated” aspects of the legal profession have needed changing for years. “But lawyers don’t tend to be good with change. It unsettles their need for certainty and predictability. Our clients, though, have no such insecurities; technology and change are as much staples of boardroom discussion as turnover and profit. The reason is simple, no business – law firms included – can hope to survive standing still. For many businesses, though, change may not be enough; radical change may be what is needed,” the pair wrote.
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29/06/2020 20:07
https://www.lawyersweekly.com.au/biglaw/28728-virtual-hearings-a-win-for-biglaw-clients
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ON DEMAND WEBINAR: EXPERT EVIDENCE IN A VIRTUAL ERA
With over 3.2 billion people [some 40% of the world’s population!] on forced lockdown across the world as a result of the COVID-19 pandemic, all dispute resolution fora are having to find a new way of operating.
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- External
29/06/2020 08:02
https://www.hka.com/expert-evidence-in-a-virtual-era/
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Expect the coronavirus pandemic bankruptcy tsunami to be worse than predicted The global economic recession will be worse than forecast, with bankruptcies in Hong Kong likely to exceed those during Sars and the global financial crisis Quick and cheap online dispute resolution systems are urgently needed across the region to reduce the pain
This makes the imminent launch in Hong Kong of a Covid-19 online dispute settlement scheme both timely and a rare source of good news. The Hong Kong platform, operated by the eBRAM International Online Dispute Resolution Centre, will be offering online mediation of Covid-19-related disputes involving any claim up to HK$500,000, with a HK$200 registration fee for each party.
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29/06/2020 01:56
https://www.scmp.com/comment/opinion/article/3090884/expect-coronavirus-pandemic-bankruptcy-tsunami-be-worse-predicted
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Might be barrage of economic disputes in courts in coming months, online resolution solution:
"I am quite sure that as far as the technology resources of the courts are concerned, there is no constraint. The government will put every possible resource for bringing technology to courts," the Niti Aayog CEO said. Speaking at the event, Richard Wilmot-Smith QC, Barrister-Arbitrator, Essex Chambers, London, said in the present pandemic situation, either the courts have to shut down everything or adapt to technology. "Initially, people had hesitations and some kind of fear regarding virtual court hearings but now all that is fading away. ODR has made it possible that an arbitrator is in one country, an expert witness and a lawyer are in another and they carry on with the proceedings in an 'electronic room'. This is also reducing the travel-related carbon footprints," he said.
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28/06/2020 05:52
https://www.businesstoday.in/current/economy-politics/might-be-barrage-of-economic-disputes-in-courts-in-coming-months-online-resolution-solution-niti-aayog-ceo/story/408240.html
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Innovative protocol developed for virtual arbitration hearings in Africa
Due to the specific challenges and circumstances that may arise in relation to remote hearings in Africa, the African Arbitration Academy has developed a ground-breaking Protocol on Virtual Hearings in Africa. Jackie Lafleur, Senior Associate in the Dispute Resolution Practice Group in Johannesburg, provides detail on those aspects of the Protocol that are specific to, and have been tailored for, virtual hearings in the African context.
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26/06/2020 06:50
https://www.bakermckenzie.com/en/insight/publications/2020/06/protocol-developed-for-virtual-hearings-in-africa