Virtual Arbitration Hearings in Times of COVID-19 (And Beyond)

Abstract

Until 2020, arbitration hearings usually presumed a physical presence of all participants in one room. Although hearings conducted by way of remote communication, i.e., virtual hearings, have been technically possible for several years, their use was limited at best. Due to travel restrictions imposed by the COVID-19 pandemic, the situation changed rapidly and virtual hearings came into the focus of the arbitral community. Mindful of the changing attitudes, this paper firstly discusses attributes of the virtual hearings, their advantages and challenges. Furthermore, with the benefit of the hindsight, the second part looks at how the arbitral institutions handled the “new normal” imposed by COVID-19 in terms of the guidance provided to the tribunals and parties.