External
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Shortlist announced for pandemic response award
GAR has published its shortlist for a special recognition award that will be handed out at its first virtual award ceremony, paying tribute to the response by the international arbitration community to the coronavirus pandemic.
- News
- External
22/06/2020 09:33
https://globalarbitrationreview.com/article/1228099/shortlist-announced-for-pandemic-response-award
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FINRA Dispute Resolution Services Arbitrator Resource Guide for Virtual Hearings
The coronavirus disease 2019 (COVID 19) has increased the demand for effective virtual hearings to ensure that arbitration and mediation cases proceed without lengthy delays. Upon request of the parties or order of the Panel, FINRA Dispute Resolution Services is providing videoconferencing through the Zoom platform, accessible via finra.zoom.us. FINRA Dispute Resolution Services is providing this Resource Guide to help arbitrators conduct effective virtual arbitration hearings via the Zoom platform.
- Guidance
- External
22/06/2020 09:28
https://www.finra.org/sites/default/files/2020-06/FINRA-Dispute-Resolution-Services-Arbitrator-Resource-Guide-for-Virtual-Hearings.pdf
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ARS & CourtCall Join Forces Creating an Unparalleled Experience in Online Dispute Resolution (ODR)
CourtCall, the nation’s leading legal technology provider for remote appearances and Arbitration Resolution Services Inc. (ARS), a leading technology provider in online dispute resolution, have entered into an agreement which will allow federal, state, county and municipal courts and businesses across the country the option of sending cases to online arbitration and mediation. ARS has built an excellent platform for arbitration and mediation, and there is great potential for growth in this area, as more and more courts and attorneys embrace this innovative technology.
- News
- External
22/06/2020 09:24
https://www.arbresolutions.com/speeding-up-the-wheels-of-justice/
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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.
- Guidance
- External
22/06/2020 09:20
http://arbitrationblog.kluwerarbitration.com/2020/06/20/do-virtual-hearings-without-parties-agreement-contravene-due-process-the-view-from-singapore/?doing_wp_cron=1592817497.4553699493408203125000
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Canada: OEB Seeking Input On Virtual Hearings
The OEB has issued a letter to stakeholders seeking input on virtual hearings. The letter notes that the OEB's offices have not yet reopened and that some applications may be ready to proceed to oral hearing while the offices remain closed or while participants are unable to attend the OEB in person. So as not to delay the timely processing of applications, the OEB may choose to hold virtual hearings, although its planning for this new form of hearing is in the early stages.
- News
- External
21/06/2020 15:48
http://www.mondaq.com/canada/energy-law/956162/oeb-seeking-input-on-virtual-hearings
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Experts discuss the Future of Virtual Hearing in Arbitral Tribunal
Today, in the age of imagination, ‘virtual’ has become real, and even more so, the new normal in the face of the COVID-19 global pandemic. The world has dramatically changed in the past few months, including government lockdowns and gathering restrictions. The question for many in the legal profession is this – “Where does that leave the administration of justice?” Courts around the globe have answered that question by taking a pragmatic approach.
- News
- External
19/06/2020 14:29
https://thenationonlineng.net/experts-discuss-the-future-of-virtual-hearing-in-arbitral-tribunal/
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A Hybrid Future-Anthony Connerty assesses the impact of the COVID-19 pandemic on international arbitration
The impact of the pandemic on litigation in the civil and criminal courts in England and Wales has been considerable: those courts are geared for face-to-face hearings. That is especially so in the case of criminal trials before a jury. The need for those courts to switch to remote hearings represents a major change. The effect of coronavirus on international arbitration is likely to have less impact: international arbitration is already familiar with remote hearings in one form or another.
- News
- External
19/06/2020 09:16
https://www.newlawjournal.co.uk/docs/default-source/article_files/nlj_2020_issue7891_june_profession-adr-connertye3f0bfb432744678805439a2c8905368.pdf?sfvrsn=7d177c4b_1
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The timeline of a virtual hearing
Virtual hearings have a number of moving parts. Participants connecting from different locations will each have a slightly different setup due to variations in equipment, surroundings and connection speeds. Hence, adequate planning, testing and early instruction are crucial to ensure the smooth running of proceedings.
- Guidance
- External
19/06/2020 08:21
https://www.opus2.com/virtual-hearings/timeline
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Narrowing the information gap in appointment process: A mission of a legal tech start-up (Arbitrator Intelligence)
One of the discernable impacts of the Covid-19 pandemic on arbitration has been the exponential rise of virtual hearings. By and large, the arbitration community is rapidly shifting towards digital platforms to address swift legal changes. Whilst the transition from in-person hearings to virtual hearings has been largely seamless, it has brought into focus the aptitude of international arbitrators in navigating the challenges presented by the Covid-19 era. According to Queen Mary University of London’s 2018 International Arbitration survey, most arbitrators are unfamiliar with virtual hearings, and the majority have never or rarely used them. While some have had sporadic experiences with video conferencing and cloud-based document sharing, a hearing in which all participants are geographically dispersed is uncharted territory. Moreover, their experience with video conferencing is often plagued by technical failures, making them wary of further increasing their dependence on technology.
- News
- External
18/06/2020 08:21
https://www.mediate.com/articles/arbitratorintelligence.cfm
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'Witnesses' convenience should determine timing of virtual proceedings'
A Partner at Hogan Lovells law firm, Samaa Haridi, has said the convenience of witnesses should be the most important factor to consider when fixing the time for virtual arbitration proceedings involving parties in different time zones. Haridi noted that since witnesses are the ones who will be under pressure, particularly during cross-examinations, virtual arbitral proceedings should be fixed to ensure that it falls within the normal working hours in the country where the witnesses are located.
- News
- External
17/06/2020 23:52
https://punchng.com/witnesses-convenience-should-determine-timing-of-virtual-proceedings/