External
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Virtual Arbitration Hearings in the Middle East
The COVID-19 pandemic has created an exponential increase in the number of virtual arbitration hearings, including in the Middle East. In a previous client alert, we describe that virtual hearings come with certain advantages, such as overall efficiency, possible cost and time savings, and a better alignment with sustainability considerations for ‘greener’ arbitrations. However, they also present some unique challenges as discussed in this client alert, especially for arbitrations involving multiple jurisdictions, numerous witnesses and legal counsel, and in terms of ensuring that technology does not adversely impact the hearing.
- News
- External
09/04/2021 16:24
https://www.velaw.com/insights/virtual-arbitration-hearings-in-the-middle-east/
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New York Daily News: A Virtual Hearing is a Real Hearing
Land Use partner Paul D. Selver and counsel Jeffrey L. Braun authored an op-ed titled “A Virtual Hearing is a Real Hearing,” which appeared in the New York Daily News on April 6, 2021. The authors discuss how the transition to virtual land use hearings has made the process more transparent and accessible to more people. They proffer that arguments against the viability of virtual hearings are self-serving at best, as the virtual hearing ensures that there is a real opportunity for all sides of an issue to be heard.
- Guidance
- External
08/04/2021 04:54
https://www.kramerlevin.com/en/perspectives-search/new-york-daily-news-a-virtual-hearing-is-a-real-hearing.html
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Key changes to the LCIA and ICC Arbitration Rules
Two of the most prominent arbitral institutions globally, the London Court of International Arbitration and the International Chamber of Commerce, have recently updated their rules to modernise and streamline the way in which arbitrations are administered. The changes are designed to increase efficiency, flexibility and transparency and to embrace the growing use of technology in business today.
- Legal
- External
07/04/2021 07:53
https://www.shoosmiths.co.uk/insights/articles/key-changes-to-the-lcia-and-icc-arbitration-rules
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Arbitration in a Pandemic: Thriving in a Time of Uncertainty [Brought to you by RBN Chambers]
COVID-19 has changed our lives, and undoubtedly, the way we work. Fortunately for those familiar with the practice of international arbitration, the pandemic has merely accelerated certain trends that had already begun before it hit. The international nature of arbitration necessitates the usage of technology to facilitate the arbitral process. From as early as 2007, the International Chamber of Commerce had already provided for techniques incorporating technology to be used to safeguard parties’ interests of time and costs.[1] Now, an unprecedented global experiment on the use of virtual platforms to replace face-to-face meetings is underway. Capitalising on this, arbitral institutions have rose to the challenge. Many institutions have digitalised their internal operations and formalised guidelines to help arbitrators, counsel and parties adapt to changes.
- News
- External
01/04/2021 13:38
https://www.legalbusinessonline.com/arbitration-pandemic-thriving-time-uncertainty-brought-you-rbn-chambers
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NEW! ICDR 2021 INTERNATIONAL RULES AMENDMENTS
The amended ICDR International Dispute Resolution Procedures, effective on March 1, 2021, are the result of a year-long effort by an ICDR drafting committee of international arbitration experts from around the world. Additional input was received from other ICDR Committees, ICDR management and administrative teams, and many others. In addition to addressing some of the dramatic changes in hearing dynamics due to the pandemic, the amendments reflect the ICDR’s recognized rule-making leadership and innovation.
- Legal
- External
31/03/2021 10:11
https://go.adr.org/2021-icdr-rules-update.html#:~:text=ICDR%202021%20International%20Rules%20Amendments%20The%20amended%20ICDR,of%20international%20arbitration%20experts%20from%20around%20the%20world.
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3 Lessons For UK Litigators In Virtual Trials
Perhaps the most rapid change to litigation practice brought about by COVID-19 has been the shift to virtual trial formats in place of traditional in-person trials. Although arbitration proceedings have been conducted with virtual elements for some time, this has not been the case for litigation before English courts. Almost overnight, practitioners and courts have had to adapt to a new way of working.
- News
- External
31/03/2021 10:09
https://www.law360.com/financial-services-uk/articles/1369418/3-lessons-for-uk-litigators-in-virtual-trials
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Confidence in virtual proceedings important for justice system
Confidence in virtual proceedings is important for the justice system now that it seems clear that virtual is going to be a part of how civil, criminal and administrative hearings in Canada, and globally, will be conducted long term, even after the COVID-19 pandemic is behind us.
- News
- External
26/03/2021 22:13
https://www.thelawyersdaily.ca/business/articles/25638/confidence-in-virtual-proceedings-important-for-justice-system
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Benefits of Virtual ADR in Insurance Disputes: Ten Reasons To Consider Resolving Disputes Virtually
There has been a lot of talk lately, and a lot of presentations, about the pros and cons of virtual alternative dispute resolution (ADR)—video arbitrations and mediations. I recently participated in one such program, but it had a slightly different twist since it was focused on insurance litigation and the insurance industry. While many of the pros and cons of virtual ADR are generally applicable to a wide range of matters, some have special importance in the context of insurance disputes. In part, this is because insurance companies are in the business of handling insurance claims and litigation. Unlike many businesses, where litigation may be a rarity, disputed claims are commonplace in the insurance industry. As a result, the cost and efficiency of handling claims and disputes are critical and can make virtual ADR extremely attractive.
- News
- External
26/03/2021 22:10
https://www.jdsupra.com/legalnews/benefits-of-virtual-adr-in-insurance-8670454/
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Arbitration 'thriving' in Australia, ACICA study finds
The increased prominence and success of virtual hearings in light of the coronavirus crisis highlights an opportunity to grow international arbitration in Australia, according to a new report that offers an insight into the dynamics of the arbitration market in the country.
- News
- External
25/03/2021 08:32
https://www.pinsentmasons.com/out-law/news/arbitration-thriving-australia-acica-study-finds
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New IBA Rules on the Taking of Evidence
On 17 December 2020, the International Bar Association (“IBA”) adopted the revised IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”), which supersede those of 2010. The revised rules will apply to arbitrations in which the parties agree to apply the IBA Rules after 17 December 2020, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration. The revision of the IBA Rules primarily reflects practices that have been adopted by parties and arbitral tribunals since the global COVID-19 pandemic. At the same time, certain other provisions have also been optimized. The key revisions to the IBA Rules are the following:
- Legal
- External
24/03/2021 10:04
https://www.mme.ch/en/magazine/magazine-detail/url_magazine/new_iba_rules_on_the_taking_of_evidence/