External
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The challenges of presenting and examining witness evidence in International Arbitration in a virtual world
This webinar will be a panel debate discussing topical issues around “distortion” of witness memory, the presentation of witness evidence and the challenges of cross-examining witnesses “virtually” as well as some of the recent innovations and rule changes introduced to meet these challenges in international arbitration.
- Guidance
- External
24/03/2021 10:04
https://www.pinsentmasons.com/events-training/the-challenges-of-presenting-and-examining-witness-evidence-in-international-arbitration
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Putting Your Best Foot Forward in a Remote Arbitration
At the beginning of 2020, arguing hearings and trying cases in a completely remote environment seemed like science fiction. Now, just a year later, courts and litigants have adapted to our new virtual litigation environment. While virtual jury trials are still few and far between, one trend has become quite active over the last few months: remote arbitration hearings.
- News
- External
23/03/2021 13:40
https://www.velaw.com/insights/putting-your-best-foot-forward-in-a-remote-arbitration/
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Hamburg International Arbitration Days: The quality of arbitration hearings in a virtual world
Greater use of remote working was already something under close consideration. It is recognized that efficient use of technology can save travel time and cost for the users often based in different global locations. But what impact does the virtual hearing have on the quality of arbitration proceedings? Does personal perception of witnesses and their testimony differ depending on whether a witness is physically present or connected via video? How does the physical absence of the participants affect settlement efforts? In a virtual hearing, is the arbitral tribunal equally capable of coordinating with each other or reacting spontaneously to unforeseen events? Does a “hearing at the desk” affect the parties' trust in the quality of the arbitration process?
- News
- External
23/03/2021 13:38
https://app.livestorm.co/taylor-wessing-partg-mbb/the-quality-of-arbitration-hearings-in-a-virtual-world
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Prehearing Issues Raised by Virtual Hearings of FINRA Arbitrations
The Financial Industry Regulatory Authority (FINRA) has made significant changes to the arbitration process in response to the COVID-19 pandemic. On March 25, 2020, FINRA initially postponed all in-person arbitrations scheduled through May 31, 2020. Subsequent announcements have extended these adjournments through April 30, 2021, unless all parties and arbitrators agree to proceed via an in-person hearing. FINRA has indicated that it is reviewing whether or not to resume in-person hearings on a location-by-location basis and will do so “when public health conditions would permit[].”
- News
- External
19/03/2021 08:16
https://www.jdsupra.com/legalnews/prehearing-issues-raised-by-virtual-1642876/
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Katherine Doran: Lessons learned from a year of virtual hearings in adjudication and arbitration
This month marks a year since the UK went into its first national lockdown in response to Covid-19. The legal sector adapted quickly and embraced technology to continue to deliver legal services. This adaptability has been particularly evident in alternative dispute resolution (ADR) – specifically the use of virtual hearings in adjudication and arbitration. Because these are essentially contractual processes, parties have considerable latitude when it comes to agreeing procedure. This affords greater flexibility than court litigation, enabling parties to adapt to the ‘new normal’ and to make best use of technology to suit their specific needs.
- News
- External
18/03/2021 08:34
https://www.scottishlegal.com/article/katherine-doran-lessons-learned-from-a-year-of-virtual-hearings-in-adjudication-and-arbitration
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Spotlight on eHearings
There has been a lot of commentary around how 2020 became the year that remote operations became an imperative for every organisation. Also, how technology and innovation moved to the forefront of all legal operations as firms adapted to continue their matters under lockdown restrictions. Our eHearings team quickly innovated new ways to offer our suite of services completely online. This enables virtual hearings with all hearing room components remotely accessible, as well as seamless integration with a physical hearing room, allowing hybrid hearings with both physical and virtual attendees.
- News
- External
18/03/2021 08:30
https://www.lawinorder.com.au/blog/march-2021/spotlight-on-ehearings
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Lessening international arbitration’s environmental impact
There is increasing scrutiny of the environmental impact of international arbitration, with its propensity for travel, and production and duplication of hard copy documents. The rising profile of Greta Thunberg and the Extinction Rebellion movement are but two signs of a pressing need to address environmental issues. In February high-profile naturalist David Attenborough addressed the United Nations Security Council with a stark warning that it is already “too late to avoid climate change”.
- News
- External
18/03/2021 08:24
https://iclg.com/cdr/arbitration-and-adr/15873-lessening-international-arbitration-s-environmental-impact
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ROUNDTABLE: International arbitration
International arbitration has proved to be remarkably resilient over the past 12 months, amid the disruption caused by the global pandemic. It is now common for arbitral hearings, including extensive cross-examination of witnesses and experts, to be conducted virtually – a veritable digital revolution. Opinion is divided, however, over the extent to which remote processes will continue once the impact of COVID-19 recedes, with cyber security, confidentiality and data privacy ongoing concerns.
- News
- External
16/03/2021 14:54
https://www.financierworldwide.com/roundtable-international-arbitration-apr21
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South Africa zooming forward with the AFSA virtual hearing protocol
During lockdown, many of us still managed to conduct hearings virtually, through the various online audio video platforms, such as MS Teams, Zoom, and Web Ex and left it in the discretion of the tribunal to dictate the manner in which the hearing would take place. However, the Arbitration Foundation of Southern Africa (AFSA) published the AFSA Remote Hearing Protocol (RHP), which has provided parties with the necessary guidance as to how to conduct virtual hearings, which are administered by AFSA.
- News
- External
15/03/2021 15:47
https://www.cliffedekkerhofmeyr.com/en/news/publications/2021/Dispute/dispute-resolution-alert-9-march-South-Africa-zooming-forward-with-the-AFSA-virtual-hearing-protocol.html
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THE NEW NORMAL: CHANGES TO THE IBA RULES ON THE TAKING OF EVIDENCE IN INTERNATIONAL ARBITRATIONS SUGGEST REMOTE HEARINGS ARE HERE TO STAY
Frequently parties involved in international arbitration come from jurisdictions with varying approaches to the production and presentation of evidence. Questions of how to deal with such evidence (in its various forms) would be left to the discretion of the Tribunal who had to juggle parties’ different experiences and expectations to find an acceptable solution. As a consequence, frameworks such as the International Bar Association Rules on the Taking of Evidence in International Arbitration (the IBA Rules) were established in 1999 to create an internationally-recognised protocol for dealing with disclosure of documents, the production of expert and factual evidence, and the conduct of evidentiary hearings. Since their inception the IBA Rules have been widely accepted by the international arbitration community, and are frequently expressly incorporated into arbitration clauses. On 17 December 2020, the IBA adopted an updated set of rules (only the second update since their inception) which were published on 17 February 2021.
- Legal
- External
12/03/2021 09:12
https://www.stevens-bolton.com/site/insights/articles/The_new_normal_Changes_to_the_IBA_Rules