Arbitration Future Post Pandemic
Arbitration has experienced a couple of adjustments and has evolved considerably well to become more refined and preferable to National courts in most cases. However, as with almost every system, Covid-19 and its impact on normal life have left some questions unanswered in arbitration.
Arbitration systems’ processes and activities were significantly affected, and many changes were introduced during the height of the Pandemic. Even after considerable relief from the disruption and the subsequent adaptation, there is no doubt that the disease footprints are still present in recent arbitration dealings. Consequently, questions have continued to wag, with most of them centered on Arbitration future post-pandemic.
Clearly, there is no way that the Pandemic will end Arbitration methods and their use as a preferred method for solving international commerce disputes. However, certain parts of the system have been affected, and surprisingly the changes didn’t end up becoming so bad. In a more euphemistic light, the Pandemic touched certain areas that triggered innovative solutions that may have come to stay even if the disease somehow miraculously got eradicated. One of the areas of arbitration that experienced serious alteration was the hearing of cases.
Now before the Pandemic, Arbitration both domestically and internationally was held with all parties presented and represented in persons. Hearing was performed in a set place, and the disputing parties handled expenses. All arbitrators and the disputing parties agree on a place to meet, and hearings are then presented in person to person.
The Pandemic, however, caused a lien on travels, and it became riskier for people to meet even in the smallest group. These changes led to unprecedented changes in how representation of parties, arbitrators and hearings had to be done. Thankfully, given the flexibility and efficiency that has always marked arbitration, it didn’t take long for professional arbitrators to devise a way of carrying out the process.
Remote hearings were quickly adapted with technology harnessed to the full in this area.
It didn’t take long for almost all tribunals to adapt the solution of remote hearings in 2020, and even after medical institutions were able to influence an amount of control on the disease, the trend of remote hearing did not reduce.
Since the Pandemic became global at the start of 2020, the stats on remote hearings have continued to increase. According to an ICC-conducted survey, the first quarter (Q1) of 2020 saw 31 percent of all arbitral cases attended to via remote hearings within those first three months. By the end of the fourth quarter (Q4), 71 percent of all cases within that time were conducted via remote hearing.
Clearly, remote hearing was a high success in 2020, as more than two-thirds of all cases in the fourth quarter were held virtually. Also, the vast adaptation was highly encouraging, as more than double of remote hearings in Q1 were recorded in Q4.
Arbitration Position In Remote Hearings
While the quick adaptation of remote hearing in arbitration dispute resolution may have left outsiders in the system into thinking there was formal provision for it in its law and rules, the opposite couldn’t be farther from the truth. Before the Pandemic, there were no laid down rules or laws on remote hearing or its use in the arbitration.
The International Chamber of Commerce (ICC) was one of the first of many institutions in arbitration to set up a guideline that arbitrators could use in assisting them during virtual hearings. The ICC provided guide was termed ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic. Other guides were released from SCC and HKIAC, with both termed COVID-19: Information and Guidance in SCC Arbitrations and HKIAC Guidelines for Virtual Hearings, respectively.
Apart from institution-inspired guides and guidance, there were other Non-institution guides. One of the most notable was Seoul Protocol on Video Conferencing in International Arbitration and other guidance released to make virtual hearings smoother and seamless.
While these guides were outlined and provided during the height of the Pandemic, they have continued to play an important role in virtual arbitral hearings to date. This acceptance gives an idea of Arbitration Position In Remote Hearings, and the relationship is definitely encouraging.
Almost all arbitral institutions have in one way or the other taken steps to inculcate and update rules that expressly guide remote hearings. The LCIA Arbitration Rules 2020 in Article 19.2 provides guidance on how hearing can be carried out on conference calls, virtually, or via other technological methods that allow all parties to be fully involved as long as data compromise cannot be easily perpetrated.
The Future of Remote Hearings Post-Pandemic
Despite mixed opinions, The Future Of Remote Hearings Post-Pandemic, looks bright. The advantages are glaring, and there almost seems to be almost no bad part to the whole process. Firstly the amount of expenses that get to be forgone is a vast encouragement. While there might be needs to travel at one point in time, how often it has to be done will be drastically reduced. How time is also saved is also a very high consideration.
Also, there is a positive relationship between remote hearing and green environment activist institutions. While in-person hearings usually require bundles of paperwork whose make can be traced to trees being felled, remote hearings only need evidence and presentations in pdf, docs, or other softcopy formats.
Conclusions
There is no doubt that remote hearings prevalence during the Pandemic has been a blessing in disguise, but it is not all just a fairy tale all through. How much remote hearings can be accommodated is highly dependent on the dispute complexity, the safety of data due to the inevitable use of technology, and many more.
To ensure that you are able to draw a reasonable compromise on whether to employ remote hearing in your dispute, given the pros and cons, it is important that you get counseling from reputable professionals.
Rattsakuten is one of the top firms where you can get counseling on everything you need to know about remote hearings, if it is safe, and if it is the best approach for your case. You can call the company to for you enquire.
About Rattsakuten
Rattsakuten is a leading law firm focused on Commercial Arbitration and Dispute Resolution. Based in Sweden, Rattsakuten handles dispute resolution and Arbitration matters before the SCC (Swedish Chamber of Commerce), ICC, HKIAC, and several other Arbitration tribunals.”
Arbitration has experienced a couple of adjustments and has evolved considerably well to become more refined and preferable to National courts in most cases. However, as with almost every system, Covid-19 and its impact on normal life have left some questions unanswered in arbitration.
Arbitration systems’ processes and activities were significantly affected, and many changes were introduced during the height of the Pandemic. Even after considerable relief from the disruption and the subsequent adaptation, there is no doubt that the disease footprints are still present in recent arbitration dealings. Consequently, questions have continued to wag, with most of them centered on Arbitration future post-pandemic.
Clearly, there is no way that the Pandemic will end Arbitration methods and their use as a preferred method for solving international commerce disputes. However, certain parts of the system have been affected, and surprisingly the changes didn’t end up becoming so bad. In a more euphemistic light, the Pandemic touched certain areas that triggered innovative solutions that may have come to stay even if the disease somehow miraculously got eradicated. One of the areas of arbitration that experienced serious alteration was the hearing of cases.
Now before the Pandemic, Arbitration both domestically and internationally was held with all parties presented and represented in persons. Hearing was performed in a set place, and the disputing parties handled expenses. All arbitrators and the disputing parties agree on a place to meet, and hearings are then presented in person to person.
The Pandemic, however, caused a lien on travels, and it became riskier for people to meet even in the smallest group. These changes led to unprecedented changes in how representation of parties, arbitrators and hearings had to be done. Thankfully, given the flexibility and efficiency that has always marked arbitration, it didn’t take long for professional arbitrators to devise a way of carrying out the process. Remote hearings were quickly adapted with technology harnessed to the full in this area.
It didn’t take long for almost all tribunals to adapt the solution of remote hearings in 2020, and even after medical institutions were able to influence an amount of control on the disease, the trend of remote hearing did not reduce.
Since the Pandemic became global at the start of 2020, the stats on remote hearings have continued to increase. According to an ICC-conducted survey, the first quarter (Q1) of 2020 saw 31 percent of all arbitral cases attended to via remote hearings within those first three months. By the end of the fourth quarter (Q4), 71 percent of all cases within that time were conducted via remote hearing.
Clearly, remote hearing was a high success in 2020, as more than two-thirds of all cases in the fourth quarter were held virtually. Also, the vast adaptation was highly encouraging, as more than double of remote hearings in Q1 were recorded in Q4.
Arbitration Position In Remote Hearings
While the quick adaptation of remote hearing in arbitration dispute resolution may have left outsiders in the system into thinking there was formal provision for it in its law and rules, the opposite couldn’t be farther from the truth. Before the Pandemic, there were no laid down rules or laws on remote hearing or its use in the arbitration.
The International Chamber of Commerce (ICC) was one of the first of many institutions in arbitration to set up a guideline that arbitrators could use in assisting them during virtual hearings. The ICC provided guide was termed ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic. Other guides were released from SCC and HKIAC, with both termed COVID-19: Information and Guidance in SCC Arbitrations and HKIAC Guidelines for Virtual Hearings, respectively.
Apart from institution-inspired guides and guidance, there were other Non-institution guides. One of the most notable was Seoul Protocol on Video Conferencing in International Arbitration and other guidance released to make virtual hearings smoother and seamless.
While these guides were outlined and provided during the height of the Pandemic, they have continued to play an important role in virtual arbitral hearings to date. This acceptance gives an idea of Arbitration Position In Remote Hearings, and the relationship is definitely encouraging.
Almost all arbitral institutions have in one way or the other taken steps to inculcate and update rules that expressly guide remote hearings. The LCIA Arbitration Rules 2020 in Article 19.2 provides guidance on how hearing can be carried out on conference calls, virtually, or via other technological methods that allow all parties to be fully involved as long as data compromise cannot be easily perpetrated.
The Future Of Remote Hearings Post-Pandemic
Despite mixed opinions, The Future Of Remote Hearings Post-Pandemic, looks bright. The advantages are glaring, and there almost seems to be almost no bad part to the whole process. Firstly the amount of expenses that get to be forgone is a vast encouragement. While there might be needs to travel at one point in time, how often it has to be done will be drastically reduced. How time is also saved is also a very high consideration
Also, there is a positive relationship between remote hearing and green environment activist institutions. While in-person hearings usually require bundles of paperwork whose make can be traced to trees being felled, remote hearings only need evidence and presentations in pdf, docs, or other softcopy formats.
Conclusions
There is no doubt that remote hearings prevalence during the Pandemic has been a blessing in disguise, but it is not all just a fairy tale all through. How much remote hearings can be accommodated is highly dependent on the dispute complexity, the safety of data due to the inevitable use of technology, and many more.
To ensure that you are able to draw a reasonable compromise on whether to employ remote hearing in your dispute, given the pros and cons, it is important that you get counseling from reputable professionals.
Rattsakuten is one of the top firms where you can get counseling on everything you need to know about remote hearings, if it is safe, and if it is the best approach for your case. You can call the company to for you enquire.
About Rattsakuten
Rattsakuten is a leading law firm focused on Commercial Arbitration and Dispute Resolution. Based in Sweden, Rattsakuten handles dispute resolution and Arbitration matters before the SCC (Swedish Chamber of Commerce), ICC, HKIAC, and several other Arbitration tribunals.