External
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Lawyers Predict Virtual Hearings May Outlast Pandemic
England did not launch an e-filing pilot program until late 2015. And it was only in 2019 that the system became mandatory for lawyers in the Queen's Bench Division and was rolled out more broadly to the Court of Appeal and business courts outside London. At the time, the lord chief justice cautioned that the country had "much ground to make up." But now, as the first anniversary of the national pandemic lockdown looms, lawyers and judges marvel at how quickly the country was able to make virtual proceedings the status quo across the civil courts. Many practitioners now predict some of the drastic changes in technology are here to stay.
- News
- External
11/03/2021 07:45
https://www.law360.com/insurance-uk/articles/1363302/lawyers-predict-virtual-hearings-may-outlast-pandemic
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A Record Number of Cases and Revised Rules at the ICC Underscore the Increasing Appeal of Arbitration
The International Chamber of Commerce’s (“ICC”) preliminary statistics for 2020 reveal a record total of new arbitration and Alternative Dispute Resolution (“ADR”) cases, reflecting the predicted growth in ICC dispute resolution services. In our previous client alert on the ICC’s case statistics for 2019, we discussed the rise of cases registered before the ICC. Despite the challenges of 2020, the ICC stood as a major international arbitration institution, with a record number of 949 new registered cases in 2020 — its highest number of cases registered since 2016 (966). Though the COVID-19 pandemic inhibited cross-border travel, it did not stop arbitral bodies like the ICC from transitioning to online systems and more established processes for remote hearings.
- News
- External
10/03/2021 08:53
https://www.velaw.com/insights/a-record-number-of-cases-and-revised-rules-at-the-icc-underscore-the-increasing-appeal-of-arbitration/
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'Sorry For The Disruption': A Year Of Remote Court In The UK
Such is the world of remote hearings, forced out of courtrooms and on to the internet a year ago as a result of the COVID-19 pandemic. And while the experience of holding virtual hearings, trials and other legal proceedings has improved over the past 12 months, lawyers told Law360 that hitches remain.
- News
- External
09/03/2021 09:22
https://www.law360.com/financial-services-uk/articles/1362266?utm_source=rss&utm_medium=rss&utm_campaign=section
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Five key contract terms to incorporate in contract for remote alternative dispute resolution
Amid the COVID-19 pandemic, it has often proven difficult, if not impossible, to hold traditional in-person arbitrations and mediations due to ongoing government regulations, travel restrictions, and concerns over personal health and safety. Under this environment, proceeding alternative dispute resolution processes remotely may help resolve disputes expeditiously and cost-effectively. Unfortunately, owing to antiquated drafting styles, concern over the construction of dispute resolution clauses, in particular, when the contract term expressly prohibits holding or a party objects to having remote arbitration hearings or mediation sessions have surfaced over the past year.
- Guidance
- External
09/03/2021 08:49
https://s3.amazonaws.com/documents.lexology.com/5ab30db0-0019-4581-90e4-710f156e1670.pdf?AWSAccessKeyId=AKIAVYILUYJ754JTDY6T&Expires=1615290651&Signature=JhWQ92Pox%2FjEQ6wXuSo3WG%2Bfm5Y%3D
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VIRTUAL HEARINGS TO BE THE NORM POST-COVID 19
This webinar will deal with the topic of ‘Virtual Hearing’ and look at the concept of virtual hearings, the various international protocols and the benefits of virtual hearing in a post Covid world. This panel discussion looks at the hot topic in arbitration of remote hearings. The speakers explore the practical issues that can arise for parties to disputes, their representatives and arbitrators when hearings are held virtually.
- News
- External
09/03/2021 08:37
https://www.33bedfordrow.co.uk/insights/events/arbitration-team-event-virtual-hearings-to-be-the-norm-post---covid---19-presented-by-barry-leonanddr-tariq-mahmood
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YSIAC-YPG-YMG-YSCL Debate Motion: This House Believes That Virtual Hearings Should Become The Default Mode Of Hearing Beyond The Pandemic
This event brings together young practitioners from YSIAC, YPG, YMG and YSCI, for a lively and engaging debate regarding the future of virtual arbitration hearings. Viewers will have the opportunity to vote to decide if the motion stands.
- News
- External
09/03/2021 08:30
https://www.siac.org.sg/courses-and-events/courses-and-events-calendar/event/560/YSIAC-YPG-YMG-YSCL-Debate-Motion--This-House-Believes-that-Virtual-Hearings-Should-Become-the-Default-Mode-of-Hearing-beyond-the-Pandemic/0
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Insisting on Live, In-person Arbitration Hearings During The Pandemic
Throughout the coronavirus pandemic, parties to an arbitration agreement and arbitrators have grappled with the issue of the right to a live, in-person arbitration hearing. Is there a due process concern that flows from conducting remote proceedings over one side’s insistence on in-person hearing? For example, parties’ facility with presenting testimony and evidence remotely may be limited, arbitrators’ technical proficiency may be lacking, and they may be uncomfortable with taking evidence remotely. Then there is the difficulty of presenting the case effectively across different time zones and the potential unfair advantage to one party over another caused by requiring one party’s witnesses and evidence to be presented outside normal business hours. In some cases, there may be physical evidence that is difficult to present remotely or the need for a site visit.
- News
- External
08/03/2021 10:53
https://www.internationalarbitrationblog.com/2021/03/articles/commercial/live-in-person-arbitration-hearings/#page=1
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Greener Arbitrations – The Way Forward in International Dispute Resolution?
The drive towards sustainable change looks set to continue in 2021, with climate change issues continuing to receive attention from ESG-minded businesses and governmental bodies. The legal community is likewise keen on reducing the environmental impact of dispute resolution activities, in particular, in the (previously) jet-setting world of international arbitrations. One such initiative is the Campaign for Greener Arbitrations which aims to significantly reduce the carbon footprint of the arbitration industry. In this Blog Post, read about the proposed framework and six protocols for greener arbitrations that are currently in public consultation and how these might feature in arbitration proceedings in the near future.
- Guidance
- External
05/03/2021 08:21
https://www.mayerbrown.com/en/perspectives-events/blogs/2021/03/greener-arbitrations--the-way-forward-in-international-dispute-resolution
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RISE IN ARBITRATION CASES IN 2020 DESPITE REDUCED VOLUME OF IN PERSON HEARINGS DUE TO CORONAVIRUS PANDEMIC
Most arbitration institutions that have released their statistics for 2020 have reported increased caseloads and/or claim amounts, despite the COVID-19 coronavirus pandemic impacting in person hearings. The strong demand for arbitration services and the fact that most arbitration institutions were able to move quickly to virtual hearings and avoid costly delays to proceedings establish arbitration as a resilient and reliable choice for commercial dispute resolution. In this blog post we review both interim and full caseload statistics so far released for 2020.
- News
- External
04/03/2021 07:41
https://hsfnotes.com/arbitration/2021/03/03/rise-in-arbitration-cases-in-2020-despite-reduced-volume-of-in-person-hearings-due-to-coronavirus-pandemic/
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New ICDR rules 2021 enter into force
The ICDR's new International Dispute Resolution Procedures, including mediation and arbitration rules, entered into force on 1 March 2021. A drafting committee of international arbitration experts at the ICDR, the international division of the AAA, has been working on the revisions over the last year.
- Legal
- External
03/03/2021 07:50
https://uk.practicallaw.thomsonreuters.com/w-029-9365?transitionType=Default&contextData=(sc.Default)&firstPage=true