The COVID-19 pandemic has caused unprecedented disruptions to socio- economic and commercial activities globally. In order to prevent the spread of the COVID-19 virus, governments globally have enacted a number of regulations and public health measures, including locking down cities, grounding local and international flights, shutting down schools, places of worship and restricting movement and public gatherings.
As a consequence of the various measures enacted to curtail the spread of the COVID-19 virus, people have been forced to work remotely, and activities that would normally take place physically have, to the extent possible, been moved online. Consequently, working from home has become the new normal.In our April issue, we talked about the rising numbers of Covid-19 and the likelihood of a worsening global impact looms.
International commercial arbitration has already been making use of remote hearing technologies even before COVID-19 for the conduct of proceedings. However, the exigencies brought about by COVID-19 and the uncertainty regarding how long it will last have made it imperative to ensure that tribunals are able to conduct all phases of arbitration, including evidentiary hearings by remote means. This Guidance Note sets out some practical matters that parties and tribunals are encouraged to consider for adoption when structuring a virtual hearing.
