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An ICCA taskforce has wrapped up its investigation into parties’ right to a physical hearing in international arbitration, finding that none of the 78 jurisdictions examined expressly guarantee this and courts are unlikely to set aside awards solely based on proceedings having been conducted virtually.
20 May 2022
Maguelonne de Brugiere, Helin Laufer and Luke Hard report on a Herbert Smith Freehills case study of the difference in the carbon footprint and costs of in-person and virtual hearings in international arbitrations, unsurprisingly finding that virtual hearings are significantly less carbon-intensive and cheaper.
12 April 2022
A panel of arbitrators at GAR Live Abu Dhabi had some sage advice for counsel on how best to argue their case in virtual hearings, the dos and don’ts of opening statements and whether oral closings are really necessary.
25 February 2022
Sir David Richards has joined One Essex Court in London as an arbitrator after stepping down as a full-time judge of the Court of Appeal of England and Wales.
12 November 2021
Practitioners’ experience of virtual hearings during the pandemic has been largely positive, a new Berkeley Research Group (BRG) report has found, while warning of psychological side effects including bias against those with technical issues, proceedings being difficult to police and “Zoom fatigue”.
07 September 2021
A Canadian appeal court has ruled that Russia can submit new evidence in its bid to set aside a jurisdictional award in a US$700 million Energy Charter Treaty case brought by a Yukos investor.
07 July 2021
An ICCA taskforce investigating the right to a physical hearing in international arbitration has released its third and final batch of reports, finding that there is no express right to in-person hearings in any of the 77 countries examined.
26 May 2021
New provisions on virtual hearings, illegally obtained evidence and undue influence on witnesses testifying remotely are among the newly published updates to the International Bar Association rules on the taking of evidence.
17 February 2021
An ICCA taskforce investigating the right to a physical hearing in international arbitration has found there is no express right to in-person hearings in the latest 22 countries it examined.
09 February 2021
Spain has failed to disqualify an ICSID tribunal over its refusal to hold an in-person hearing during the covid-19 pandemic – and the failure of two of the arbitrators to disclose their participation in the Frankfurt Moot.
16 December 2020
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