https://va.zehuti.co.ukRSS feedhttps://va.zehuti.co.uk/content/paris-arbitration-week.b9ec024643124bc78beef962a04d209a.htmIt's Paris Arbitration Week!https://va.zehuti.co.uk/content/paris-arbitration-week.b9ec024643124bc78beef962a04d209a.htmThu, 05 Aug 2021 13:15:55 +0000https://va.zehuti.co.uk/image/ee203e14-5af8-416f-b18e-91c634a46649?s512https://va.zehuti.co.uk/content/paris-arbitration-week.b9ec024643124bc78beef962a04d209a.htmhttps://va.zehuti.co.uk/content/christmas-lunch.4aa292b4043e4392adfad37d5d5442ab.htmEat up!https://va.zehuti.co.uk/content/christmas-lunch.4aa292b4043e4392adfad37d5d5442ab.htmWed, 04 Aug 2021 22:08:18 +0000https://va.zehuti.co.uk/content/christmas-day.7042bc67507a44b5a0d674e00f901f79.htmHo ho ho!https://va.zehuti.co.uk/content/christmas-day.7042bc67507a44b5a0d674e00f901f79.htmWed, 04 Aug 2021 21:39:39 +0000https://va.zehuti.co.uk/content/our-new-website-is-now-live.5543924005ff44cba1f07be53cfb3c72.htmYup.https://va.zehuti.co.uk/content/our-new-website-is-now-live.5543924005ff44cba1f07be53cfb3c72.htmWed, 04 Aug 2021 21:36:42 +0000https://va.zehuti.co.uk/image/6f007e16-bf64-409d-b550-fb7e28ba6f78?s512https://va.zehuti.co.uk/content/our-new-website-is-now-live.5543924005ff44cba1f07be53cfb3c72.htmhttps://va.zehuti.co.uk/content/simons-birthday.e511afdc5e21445fb9d566943d72c940.htmSome text about Simon's birthdayhttps://va.zehuti.co.uk/content/simons-birthday.e511afdc5e21445fb9d566943d72c940.htmWed, 04 Aug 2021 21:35:29 +0000https://va.zehuti.co.uk/image/7e41e8da-62c9-412a-b9e5-b4b572761d8a?s512https://va.zehuti.co.uk/content/simons-birthday.e511afdc5e21445fb9d566943d72c940.htmhttps://va.zehuti.co.uk/away/927065bef6904dfbbccc6cd409608dc1A virtual event considered the lessons that Brazil and the UK can learn from each other’s arbitration experiences, with funding, evidence and ethics at different stages, and varying opinions on the future of the market. https://va.zehuti.co.uk/away/927065bef6904dfbbccc6cd409608dc1Wed, 04 Aug 2021 15:00:00 +0000https://va.zehuti.co.uk/away/4129e761fc734407a3a938f4ba70cfc5Associates from across the firm’s offices in Dubai, Frankfurt, London and New York share unique perspectives on the pandemic’s impact on their practice areas https://va.zehuti.co.uk/away/4129e761fc734407a3a938f4ba70cfc5Tue, 03 Aug 2021 12:00:00 +0000https://va.zehuti.co.uk/away/765b227f65d847a8b0dafaa944af1b63Arbitration benefits from a great increase in the use of technology which has directly effected the conduct of proceedings. More particularly, with the digitalization, the way that we conduct arbitration proceedings has been changed to reflect the current needs of parties with an aim of increasing time and cost efficiency. In this line and a measure against the COVID-19 pandemic, virtual hearings have become common. https://va.zehuti.co.uk/away/765b227f65d847a8b0dafaa944af1b63Tue, 03 Aug 2021 10:00:00 +0000https://va.zehuti.co.uk/away/f82313418717491fa7db8b235ca111ccAustralia’s premier international dispute resolution institution, the Australian Centre for International Commercial Arbitration (ACICA), released its 2021 Edition of its Arbitration Rules (2021 Rules) earlier this year. The 2021 Rules are ACICA’s first new edition of its Arbitration Rules since 2016 (2016 Rules), reflecting global developments in international arbitration practice during the COVID-19 era, with a focus on digital technology, flexibility and transparency. https://va.zehuti.co.uk/away/f82313418717491fa7db8b235ca111ccFri, 30 Jul 2021 15:42:00 +0000https://va.zehuti.co.uk/away/813584e657d14440ad3a05d20e7a0481Since the postponement of in-person hearings, and as of June 30, 380 arbitration cases have conducted one or more hearings via Zoom (143 customer cases and 237 industry cases). There are 318 total joint motions for virtual hearings. (113 in customer cases and 205 in industry cases).https://va.zehuti.co.uk/away/813584e657d14440ad3a05d20e7a0481Sun, 25 Jul 2021 15:36:00 +0000https://va.zehuti.co.uk/away/7980f46b13474842b0b1b06689d1977fPartners Benjamin Knowles and Milena Szuniewicz-Wenzel, together with Yuan Xing (Partner) and Cynthia Xiao (Consultant) from Beijing Huanzhong & Partners, answered some of the most asked questions about virtual arbitration, which gained substantial popularity since the beginning of Covid-19 pandemic. https://va.zehuti.co.uk/away/7980f46b13474842b0b1b06689d1977fFri, 23 Jul 2021 15:09:00 +0000https://va.zehuti.co.uk/away/65076063f2ed44069da3db37f94c5d6bLockdowns have triggered a considerable increase in online knowledge sharing, and we all find ourselves holding/conducting online meetings from home. Technology continues to transform the legal industry and its practices faster ever since the world has been physically isolating. The scenario is no different in the legal landscape. However, the increasing integration of tech into daily dispute resolution is so much more than these endless virtual meetings for legal services.https://va.zehuti.co.uk/away/65076063f2ed44069da3db37f94c5d6bWed, 21 Jul 2021 10:43:00 +0000https://va.zehuti.co.uk/away/44d08de7e37244b2b59e2593ae4a9fe0London – JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce the launch of “Cocktails and Conversations,” a series of hybrid and in-person seminars that celebrate the future of ADR as legal and business communities reopen around the world. The series will start with four seminars in July at the new International Dispute Resolution Centre in London. https://va.zehuti.co.uk/away/44d08de7e37244b2b59e2593ae4a9fe0Tue, 20 Jul 2021 16:00:00 +0000https://va.zehuti.co.uk/away/a60c382459e74fe8aad0497340b2cfc2Virtual cross-examinations are feasible and should be allowed by arbitrators notwithstanding the generic objections made against them. https://va.zehuti.co.uk/away/a60c382459e74fe8aad0497340b2cfc2Wed, 14 Jul 2021 20:41:00 +0000https://va.zehuti.co.uk/away/fa581739c3d24f4991b00ace7b361144William Cecil and Fiona Cain of Haynes Booth LLP discuss important factors to consider when drafting an arbitration clause. Arbitrations seated in London resolving disputes which are subject to English law continue to dominate the arbitration landscape. This popularity is the result of England's long-established and well-respected legal system that has been supportive of arbitration for many years. The UK's departure from the European Union last year has no reason to change this for the reasons we will consider below. Before looking at this, we firstly set out some key considerations that all parties should consider when entering into a contract and deciding how to arbitrate any disputes that arise under the contract.https://va.zehuti.co.uk/away/fa581739c3d24f4991b00ace7b361144Wed, 14 Jul 2021 09:00:00 +0000https://va.zehuti.co.uk/away/cf53dbfe3a5c48188a6274bc447fe803Legal firm Hill Dickinson has said that it welcomed the move by the London Maritime Arbitrators Association (LMAA) to revise its terms of procedure to include the recognition of virtual and semi-virtual hearings. https://va.zehuti.co.uk/away/cf53dbfe3a5c48188a6274bc447fe803Tue, 13 Jul 2021 04:00:00 +0000https://va.zehuti.co.uk/away/6cc1f84b4e66463d8002d2985234863eComplex construction projects commonly give rise to disputes which are often referred to as arbitration. But what makes construction arbitration different from any other type of commercial arbitration? In India, the Arbitration and Conciliation Act, 1996 gives the term “commercial” a wide interpretation so as to cover arbitrations relating to disputes arising from all relationships of a commercial nature, whether contractual or not. https://va.zehuti.co.uk/away/6cc1f84b4e66463d8002d2985234863eSat, 10 Jul 2021 09:00:00 +0000https://va.zehuti.co.uk/away/39b2f8173fec47c9a55fc670f7562e72In this article, we give thought to how the various arbitration fora are dealing with the global pandemic that is COVID-19 and the state of uncertainty it creates. How is the world of arbitration reacting to this challenge? https://va.zehuti.co.uk/away/39b2f8173fec47c9a55fc670f7562e72Thu, 08 Jul 2021 11:50:00 +0000https://va.zehuti.co.uk/away/088b3a7713004fa68ca3688ddf97b06eThe London Maritime Arbitrators Association (LMAA) recently published a revised version of its terms of procedure, which came into effect on 1 May 2021 (the ‘2021 Terms’). Subject to the relevant arbitration agreement or any other agreement between the parties, the 2021 Terms will apply to LMAA references commenced on or after 1 May 2021. https://va.zehuti.co.uk/away/088b3a7713004fa68ca3688ddf97b06eThu, 08 Jul 2021 11:28:00 +0000https://va.zehuti.co.uk/away/a3b996d99341473b9a74add1a10dbf18With effect from 1 July 2021, the Vienna International Arbitral Centre (the VIAC) has new specialised VIAC Rules of Investment Arbitration (Vienna Investment Arbitration Rules) and the VIAC Rules of Investment Mediation. The Vienna Investment Arbitration Rules seek to plug a gap in the market by providing an affordable and efficient alternative for resolving investor-State disputes of lower value. The VIAC has also taken the opportunity to update the VIAC Rules of Arbitration (Vienna Rules) and the VIAC Rules of Mediation. This article highlights the key features of the Vienna Investment Arbitration Rules and comments on the revisions to the Vienna Rules. https://va.zehuti.co.uk/away/a3b996d99341473b9a74add1a10dbf18Tue, 06 Jul 2021 09:00:00 +0000https://va.zehuti.co.uk/away/a8fadd159737404caee40f240ae6e041The London Court of International Arbitration (LCIA) has produced its Casework Report for 2020 which shows a significant increase in the number of arbitrations commenced within it in 2020. This is illustrative of a general increase in the use of arbitration as a means of dispute resolution. https://va.zehuti.co.uk/away/a8fadd159737404caee40f240ae6e041Mon, 05 Jul 2021 08:48:00 +0000https://va.zehuti.co.uk/away/4ce74ef681f94ff5b9f30ac565677d08The integrity of any dispute resolution mechanism depends on the observance of due process or procedural fairness. Less obvious, particularly in the context of international arbitration, is what that concept entails and where its boundaries lie. https://va.zehuti.co.uk/away/4ce74ef681f94ff5b9f30ac565677d08Wed, 30 Jun 2021 20:00:00 +0000https://va.zehuti.co.uk/away/ae25e2fdae704999b71c0913b62d20f8The COVID-19 pandemic continues to test nearly every industry and break the idea of “normal” in both our personal and professional lives. Even as large segments of the population receive vaccines and look forward to once again meeting friends, hugging grandparents and traveling to foreign countries, the international arbitration service industry has entered a new era of increased reliance on technology. Before the first reported case of COVID-19, major international arbitration institutions already began accepting the necessity of virtual hearings in certain situations. Guidelines for virtual hearings were officially announced with the escalation of the COVID-19 pandemic. https://va.zehuti.co.uk/away/ae25e2fdae704999b71c0913b62d20f8Wed, 23 Jun 2021 12:14:12 +0000https://va.zehuti.co.uk/away/94720adb899646c894a58777a543e877The Abu Dhabi Global Market Arbitration Centre (“ADGMAC”) introduced its Protocol for Remote Hearings (“Protocol”) in June 2021. The Protocol provides parties, their lawyers and the Tribunal with a set of procedural and logistical arrangements for the conduct of hearings that may be conducted remotely (whether fully or in part). https://va.zehuti.co.uk/away/94720adb899646c894a58777a543e877Sun, 20 Jun 2021 10:31:00 +0000https://va.zehuti.co.uk/away/2da8f3cfcd554cf0b9604bdf2f015496This webinar will deal with the topic of ‘Virtual Hearings in Arbitration’. The panel will explore and discuss (1) international protocols and guidelines for effective and secure virtual hearings, (2) a range of practical issues that arise for arbitration counsel and arbitrators, and (3) cutting-edge ways to be as effective as possible in virtual hearings, whether as counsel, arbitrator or expert witness. There will be an opportunity to ask questions to the panel including on their experiences with virtual hearings during the COVID-19 pandemic and on the emerging future for virtual and hybrid hearings. https://va.zehuti.co.uk/away/2da8f3cfcd554cf0b9604bdf2f015496Thu, 17 Jun 2021 11:41:00 +0000https://va.zehuti.co.uk/away/458f04b73f984ad990f213692c539035This online event will deal with the topic of ‘Virtual hearings in arbitration’. The panel will explore and discuss (1) international protocols and guidelines for effective and secure virtual hearings, (2) a range of practical issues that arise for arbitration counsel and arbitrators, and (3) cutting-edge ways to be as effective as possible in virtual hearings, whether as counsel, arbitrator or expert witness. There will be an opportunity to ask questions to the panel including on their experiences with virtual hearings during the COVID-19 pandemic and on the emerging future for virtual and hybrid hearings. https://va.zehuti.co.uk/away/458f04b73f984ad990f213692c539035Thu, 17 Jun 2021 10:44:00 +0000https://va.zehuti.co.uk/away/e58d8e6b47ba43ffa8a7f8140993b75bSocial distancing and Covid-19 have changed many aspects of our day-to-day lives, including the experience of going to court. Over the past year, virtual hearings have emerged as a valuable solution for ensuring the continuity of the arbitration process when physical hearings are impossible. Many countries, including the UK, have encouraged the use of virtual hearings whenever possible in order to reduce the spread of the virus. In this article, we’ll take a closer look at the different interpreting services available for virtual hearings and some of the key points to consider when organizing a multilingual virtual hearing. https://va.zehuti.co.uk/away/e58d8e6b47ba43ffa8a7f8140993b75bWed, 16 Jun 2021 11:30:00 +0000https://va.zehuti.co.uk/away/dab9167ba3064f8188532b579bc98c29Virtual employment tribunals are here to stay for at least the next 2 years and they will be the default mode in most cases. That has become clear after publication of a new ‘road map’ for employment tribunal proceedings covering this year and next year. The Presidents of the Employment Tribunals for England, Wales and Scotland have issued a joint statement explaining to users of the tribunal system why video hearings are now so important. They admit that justice is best served in a face-to-face environment but they say video hearings are helping to reduce the enormous backlog of cases. https://va.zehuti.co.uk/away/dab9167ba3064f8188532b579bc98c29Tue, 15 Jun 2021 11:30:00 +0000https://va.zehuti.co.uk/away/3f3e613435874b10a074442cc628ad37Irvine, Calif. – JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that it has revised and updated its International Arbitration Rules & Procedures (Rules), effective June 1. The Rules were updated to reflect the latest developments and trends in international arbitration. https://va.zehuti.co.uk/away/3f3e613435874b10a074442cc628ad37Fri, 11 Jun 2021 12:24:22 +0000https://va.zehuti.co.uk/away/d0e5cef289064f38b669a7a66afa082fOn 1 April 2021 the 2021 ACICA Arbitration Rules (2021 ACICA Rules) and Expedited Arbitration Rules (2021 ACICA Expedited Rules) came into effect; updating the previous ACICA rules and better reflecting current international best practice in arbitration. https://va.zehuti.co.uk/away/d0e5cef289064f38b669a7a66afa082fFri, 11 Jun 2021 11:32:00 +0000https://va.zehuti.co.uk/away/13175a13e14346f7a9656786691031c6Dechert has secured another victory against the Internet Corporation for Assigned Names and Numbers (ICANN), the entity responsible for coordinating the Internet Domain Name System. https://va.zehuti.co.uk/away/13175a13e14346f7a9656786691031c6Wed, 09 Jun 2021 19:11:00 +0000https://va.zehuti.co.uk/away/bc4416a786cd4ba7b394b4da28ef0b60The Australian Centre for International Commercial Arbitration (ACICA) has refreshed its ACICA Arbitration Rules (the Rules) with the aim of modernising the arbitration process and addressing contemporaneous concerns arising out of the COVID-19 pandemic, such as the use of technology and electronic communications. https://va.zehuti.co.uk/away/bc4416a786cd4ba7b394b4da28ef0b60Fri, 04 Jun 2021 20:00:00 +0000https://va.zehuti.co.uk/away/d4ce39fcaaa745b096c819478188ef6fThere are pros and cons to settling disputes online, but positives largely outweigh negatives, webinar organised by two top shipping law firms hears https://va.zehuti.co.uk/away/d4ce39fcaaa745b096c819478188ef6fWed, 02 Jun 2021 07:53:00 +0000https://va.zehuti.co.uk/away/51fa202ae1034a3ba99cfe0b58793db2It has been almost a year since litigants, courts and tribunals were forced to adopt "virtual" hearings due to the COVID-19 pandemic, but the message from the Lord Chief Justice is clear: "courts and tribunals must continue to function".1 In this article, we consider the reaction to the use of virtual hearings by the Courts of England and Wales and the response from arbitral institutions and trade associations. We also ask Max Lemanski, a partner in our offshore practice, to share his experience of virtual hearings during the pandemic and offer a view on whether there will remain a place for them in the post-pandemic world.https://va.zehuti.co.uk/away/51fa202ae1034a3ba99cfe0b58793db2Wed, 02 Jun 2021 07:50:00 +0000https://va.zehuti.co.uk/away/2ead8fdf45a04762b21b67a9c27d7358This chapter analyses the inclination of the arbitration users and community towards the usage of video conferencing and the rise of use of technology in remote hearings relating to arbitrations. Further, it provides practical tips and recommendations relating to organising remote hearings, and concludes with some of the advantages of holding remote hearings, how the arbitration community and users are accepting it, and how techology paves the way for arbitration in the futurehttps://va.zehuti.co.uk/away/2ead8fdf45a04762b21b67a9c27d7358Fri, 28 May 2021 16:25:00 +0000https://va.zehuti.co.uk/away/a736202f44594a2d9d4559cf0b447263With the emergence of the COVID-19 virus in early 2020, Switzerland along with many other countries introduced extensive measures to prevent the spread of the virus. Social distancing and protection measures provide new challenges in business relations – but also in legal proceedings. COVID-19 measures have had (and are still having) an unprecedented impact on the justice system. The article at hand offers a brief overview on the impact of the COVID-19 pandemic and the measures related thereto on (physical) proceedings in litigation and international arbitration, focusing on key changes and developments in the Swiss legal landscape prior-, during and post-pandemic.https://va.zehuti.co.uk/away/a736202f44594a2d9d4559cf0b447263Fri, 28 May 2021 14:56:00 +0000https://va.zehuti.co.uk/away/342fd057533a411793d3c89c31eb8e3fThe Abu Dhabi Global Market Arbitration Centre (“ADGMAC”) introduced its Protocol for Remote Hearings (“Protocol”) in June 2021. The Protocol provides parties, their lawyers and the Tribunal with a set of procedural and logistical arrangements for the conduct of hearings that may be conducted remotely (whether fully or in part).https://va.zehuti.co.uk/away/342fd057533a411793d3c89c31eb8e3fFri, 21 May 2021 15:41:00 +0000https://va.zehuti.co.uk/away/c54f6cc75762445290e266bc5b1d5c93Werner Eyskens, Andrew Bennett and Lauren Rasking discuss how they created a successful team with alternative remote support and local bubbles for a complex arbitration case. https://va.zehuti.co.uk/away/c54f6cc75762445290e266bc5b1d5c93Thu, 20 May 2021 17:50:00 +0000https://va.zehuti.co.uk/away/26d5eb9b51034976b274bfb1ae8fe665The coronavirus (COVID-19) pandemic has presented judicial systems around the world with unprecedented challenges, with many courts being forced to close or left trying to deliver access to justice in a safe environment. In addition, the withdrawal of the UK from the European Union (Brexit) has also had a significant impact on cross-border litigation with a European dimension, affecting jurisdiction and the enforcement of judgments. This article examines how these two major recent events have highlighted the benefits of alternative dispute resolution (ADR) and, especially, arbitration over litigation.https://va.zehuti.co.uk/away/26d5eb9b51034976b274bfb1ae8fe665Wed, 19 May 2021 09:10:00 +0000https://va.zehuti.co.uk/away/1c2333c566cf493f809e8371bbc6d267The results of the 2021 QMUL-White & Case International Arbitration Survey were launched on 6 May 2021. The survey explores the theme of “Adapting Arbitration to a Changing World”: how international arbitration has adapted to changing demands and circumstances including the COVID-19 pandemic, and opportunities for the international arbitration community to adapt more and better. This is the 5th survey conducted by the School of International Arbitration, Queen Mary University of London, in partnership with White & Case. This blog focusses on adaptations to arbitral rules and by institutions; subsequent blogs will address other key topics from the survey.https://va.zehuti.co.uk/away/1c2333c566cf493f809e8371bbc6d267Wed, 19 May 2021 09:09:00 +0000https://va.zehuti.co.uk/away/ca1a57e639074b1a9a8df6a4d9cb245bThe pandemic forced the world to re-evaluate how it works in a number of ways—and FINRA’s Arbitration & Mediation Forum is no exception. To keep processes moving, FINRA Dispute Resolution Services allowed hearings to proceed virtually. Now, a year later, we are looking at lessons learned, tips for practicing in a remote environment and plans for the future of arbitration and mediation. https://va.zehuti.co.uk/away/ca1a57e639074b1a9a8df6a4d9cb245bWed, 19 May 2021 08:07:00 +0000https://va.zehuti.co.uk/away/98d7189fd4f34b69b741d9264eb4c322The commercial court will return to ‘gold standard’ in-person trials as lockdown restrictions are lifted – apart from on Fridays, which will stay remote ‘for the foreseeable future’. https://va.zehuti.co.uk/away/98d7189fd4f34b69b741d9264eb4c322Thu, 13 May 2021 10:06:00 +0000https://va.zehuti.co.uk/away/219d5d2c17ba4d619a64365bb289881fThe Covid-19 pandemic has presented challenges for the entire world - the arbitration sector was no exception. The 2021 International Arbitration Survey, Adapting Arbitration to a Changing World, explores how international arbitration adapted to these changing demands and circumstances. More than 1,200 respondents participated in the survey, the widest pool of respondents in Queen Mary Surveys to date.https://va.zehuti.co.uk/away/219d5d2c17ba4d619a64365bb289881fTue, 11 May 2021 16:58:00 +0000https://va.zehuti.co.uk/away/08118c785a7c4e5abde875d7cc6988adArbitration was adapting to a changing world before the pandemic hit, but COVID-19 has been a catalyst for accelerating many of these changes. This is according to a study garnering the views of more than 1,200 users of arbitration published today by global law firm White & Case in partnership with the School of International Arbitration of Queen Mary University of London.https://va.zehuti.co.uk/away/08118c785a7c4e5abde875d7cc6988adFri, 07 May 2021 08:36:00 +0000https://va.zehuti.co.uk/away/f22b3091ef3c4aeeb9483823920b4df7While technology in the practice of international arbitration has become increasingly commonplace, particularly when it boosts efficiency, the adoption of AI still lags behind other forms of IT. It is also seen as the factor most expected to influence the future evolution of international arbitration.https://va.zehuti.co.uk/away/f22b3091ef3c4aeeb9483823920b4df7Fri, 07 May 2021 08:17:00 +0000https://va.zehuti.co.uk/away/6af78f4668c5411a875d8c424458e6b4Amid restrictions imposed in the context of the Covid-19 pandemic, arbitral institutions have swiftly adapted their rules and guidelines to allow electronic submissions and communication, as well as virtual hearings, thus avoiding costly postponements in ongoing proceedings. The business community quickly understood the advantages of this alternative method of resolving disputes: according to statistics published by the main international arbitral institutions, last year marked a record increase in the number of new arbitration cases.https://va.zehuti.co.uk/away/6af78f4668c5411a875d8c424458e6b4Tue, 04 May 2021 10:10:00 +0000https://va.zehuti.co.uk/away/c1d9efa29583482aa8ac185741032aaeIt is common practice that when a dispute under a charterparty arises, which is not able to be resolved, the parties swiftly look to the dispute clause to establish under which legal forum they can issue proceedings. It is common in Charterparties that reference is made to arbitration, in particular to the London Maritime Arbitrators Association (LMAA) various forms of arbitration depending on the value of the claim. https://va.zehuti.co.uk/away/c1d9efa29583482aa8ac185741032aaeTue, 27 Apr 2021 20:11:00 +0000https://va.zehuti.co.uk/away/89df05f782c745e6a5cb30bab3111b20Virtual arbitrations present a host of new opportunities for clients, firms and junior lawyers. Virtual hearings allow junior members of the team to gain greater exposure and responsibility throughout the hearing process and demonstrate their value to the team. However, successfully transitioning to a virtual setting is not straightforward. It will require a significant amount of planning, preparation and proactivity from junior lawyers.https://va.zehuti.co.uk/away/89df05f782c745e6a5cb30bab3111b20Mon, 26 Apr 2021 15:55:00 +0000https://va.zehuti.co.uk/away/17bb53ae42524d049b3c7de3bb4378f9COVID-19 has caused virtually all businesses to adapt their operating models. In some cases, COVID restrictions have accelerated changes which were already afoot, while in others entirely new ways of working have developed. In arbitration and litigation specifically, the duration of governmental lockdown measures particularly in the UK and Europe, combined with restrictions on international travel, have forced the use of virtual, or semi-virtual, hearings instead of hearings in person.https://va.zehuti.co.uk/away/17bb53ae42524d049b3c7de3bb4378f9Mon, 26 Apr 2021 14:52:00 +0000https://va.zehuti.co.uk/away/9c157c7706774fd998280760f1022778On February 15, 2021, the International Bar Association (“IBA”) released its latest update on the “IBA Rules on the Taking of Evidence in International Arbitration” (the “2020Rules”).[1] This update follows the hard work of the 2020 Review Task Force, which, as past review subcommittees have done[2], strived to clarify the existing rules and alter any rules warranting reflection, in consideration of the shifting procedural ground and public comments of practitioners and counsel alike. https://va.zehuti.co.uk/away/9c157c7706774fd998280760f1022778Fri, 23 Apr 2021 07:32:00 +0000https://va.zehuti.co.uk/away/166b4a427a464ea893f98e386ca4bce0CHICAGO--(BUSINESS WIRE)--New Era ADR, a new Chicago-based technology company, today introduced the first fully virtual mediation and arbitration platform that resolves business disputes in under 100 days and saves businesses of all sizes up to 90% in time and expenses. New Era brings long-needed efficiencies to a litigation market that currently drains over $225B from organizations ranging from small businesses to the Fortune 50.https://va.zehuti.co.uk/away/166b4a427a464ea893f98e386ca4bce0Wed, 21 Apr 2021 09:47:00 +0000https://va.zehuti.co.uk/away/5239965b93544b849439e24b21c3549fStewarts and Lexology hosted a webinar on 24 March 2021 that looked back over 2020 and explored the lessons learned about conducting dispute resolution effectively in a virtual world. During the webinar, the audience was polled on its views. This article reveals the results of those polls, which makes for some illuminating reading. https://va.zehuti.co.uk/away/5239965b93544b849439e24b21c3549fThu, 15 Apr 2021 07:51:00 +0000https://va.zehuti.co.uk/away/d82d00352ebd4c69a3013589bc19833cThe Covid-19 pandemic brought about an unprecedented overnight change to the hearing process, with most hearings being held either semi or fully remote. One year on, a joint Freshfields/HKA panel comprising of Jane Jenkins, Tom Hutchison and Stephanie Mbonu of Freshfields, and Derek Nelson, Partner at HKA and Chairman of the Academy of Experts, considered (i) some of the key challenges faced over the past year; (ii) how these challenges have been overcome, including lessons learned; and (iii) future trends in a post-pandemic era. This article summarises the key takeaways from the discussion, which can be heard in full here.https://va.zehuti.co.uk/away/d82d00352ebd4c69a3013589bc19833cThu, 15 Apr 2021 07:50:00 +0000https://va.zehuti.co.uk/away/adca6d4e49cd4631a8e094473b48dd69Until recently, virtual hearings were an unusual sight in Swedish arbitration. However, due to the ongoing COVID-19 pandemic, in a short time virtual hearings have become a common alternative to in-person hearings globally. To conduct a hearing online is not a problem under Swedish arbitration law, as long as both parties consent to it. On the other hand, it has been debated whether an arbitral tribunal can mandate that a hearing should be virtual instead of in person if one of the parties objects. The matter is currently being reviewed in a case in the Svea Court of Appeal.https://va.zehuti.co.uk/away/adca6d4e49cd4631a8e094473b48dd69Tue, 13 Apr 2021 08:35:00 +0000https://va.zehuti.co.uk/away/17d8022b655f47aa9c4742d47bd957c2 As virtual hearings are coming to the limelight, it is worth exploring some relevant challenges and asking: is the current system sufficient?https://va.zehuti.co.uk/away/17d8022b655f47aa9c4742d47bd957c2Tue, 13 Apr 2021 08:34:00 +0000https://va.zehuti.co.uk/away/168bd3650c9846bf9b7e66c4263a12beThe 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.https://va.zehuti.co.uk/away/168bd3650c9846bf9b7e66c4263a12beFri, 09 Apr 2021 16:24:00 +0000https://va.zehuti.co.uk/away/1ffc083ac95b42849df426b1f05adde6Land 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. https://va.zehuti.co.uk/away/1ffc083ac95b42849df426b1f05adde6Thu, 08 Apr 2021 04:54:00 +0000https://va.zehuti.co.uk/away/e2e35e36ae4f47d8ba5462df89fdb63aTwo 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.https://va.zehuti.co.uk/away/e2e35e36ae4f47d8ba5462df89fdb63aWed, 07 Apr 2021 07:53:00 +0000https://va.zehuti.co.uk/away/2b5c8979f8674a9794527fb1d83b4413COVID-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.https://va.zehuti.co.uk/away/2b5c8979f8674a9794527fb1d83b4413Thu, 01 Apr 2021 13:38:00 +0000https://va.zehuti.co.uk/away/eb86dde0b2544c70a7bede664aa21695The 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. https://va.zehuti.co.uk/away/eb86dde0b2544c70a7bede664aa21695Wed, 31 Mar 2021 10:11:00 +0000https://va.zehuti.co.uk/away/42379e6700d14208a6e6435ba45e5c26Perhaps 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.https://va.zehuti.co.uk/away/42379e6700d14208a6e6435ba45e5c26Wed, 31 Mar 2021 10:09:00 +0000https://va.zehuti.co.uk/away/d853ffc3f1e143f78b0e881f37a70db4Confidence 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. https://va.zehuti.co.uk/away/d853ffc3f1e143f78b0e881f37a70db4Fri, 26 Mar 2021 22:13:00 +0000https://va.zehuti.co.uk/away/8dc33169adf74ce19f994f59ba5c2754There 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.https://va.zehuti.co.uk/away/8dc33169adf74ce19f994f59ba5c2754Fri, 26 Mar 2021 22:10:00 +0000https://va.zehuti.co.uk/away/3189371f6a0a4165a86ff7489273d6b1The 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.https://va.zehuti.co.uk/away/3189371f6a0a4165a86ff7489273d6b1Thu, 25 Mar 2021 08:32:00 +0000