November 2020 – Young ICCA

Getting Ready for the “New Normal”: Institutional Perspectives on Virtual Hearings

Cemre Cise Kadioglu (Ph.D. Candidate, Ankara University Graduate School of Social Sciences) & Sadaff Habib (Beale & Company Solicitors LLP)

During the COVID-19 pandemic, travel disruptions and other restrictions have led to postponed arbitration hearings. For this reason, parties are increasingly demanding virtual hearings. This requires arbitral institutions to have the necessary technology to conduct virtual hearings and to be prepared with a plan concerning the conduct of online hearings, particularly with regard to issues such as due process, cybersecurity and confidentiality.

Due process concerns in virtual witness testimonies: An Indian Perspective

By Saniya Mirani, Advocate of the Bombay High Court

Before the Covid-19 pandemic, virtual witness testimonies were prevalent in specific instances, such as when witnesses could not reach the venue because of illness. Article 8.1 of IBA Rules on Taking of Evidence in International Arbitration permits virtual testimony only at the discretion of the tribunal. The Commentary on the Rules establishes that the tribunal’s decision to allow video-conference should depend upon the “sufficiency” of the reasons given.

Does issuing a dissenting opinion to an arbitral award constitute a violation of the German ordre public?

Matthias Schrader and Dr. Johannes Schmidt (Willkie Farr & Gallagher LLP)

A one paragraph obiter dictum in an annulment decision rendered by the Frankfurt Higher Regional Court (the “Court”) on 16 January 2020 (26 Sch 14/18) reignited an old debate: are dissenting opinions in German arbitration proceedings permissible?