“It is the duty of all the parties to seek to co-operate to ensure that a remote hearing is possible.”
~ Justice Teare (Commercial Court, a Queen’s Bench Division of the High Court of Justice, England and Wales)
Protocols on the use of video conferencing in arbitration and court hearings are emerging:
Remote Arbitration Hearings
The Seoul Protocol on Video Conferencing in International Arbitration was drafted and discussed by a panel of arbitration practitioners in 2018, consisting of Kap-You (Kevin) Kim as moderator (Partner, Peter & Kim), Yu-Jin Tay (Partner, Mayer Brown), Ing Loong Yang (Partner, Latham & Watkins LLP) and SeungMin Lee (Partner, Shin & Kim), and has been revised to reflect comments from the Seoul International Dispute Resolution Center (released March 18, 2020).
Remote Court Hearings
The Ontario Superior Court of Justice Practice Directions and Notices regarding COVID-19 (updated March 31, 2020) has published the Notice Regarding Videoconference and Teleconference Appearance Technology (CourtCall) (March 27, 2020) remote appearance to make telephone and video appearances at the Court of Appeal for Ontario.
On March 20, 2020, the Judiciary of England and Wales published the Civil Justice in England and Wales Protocol Regarding Remote Hearings. It is described as Civil Court guidance on how to conduct remote hearings, a protocol to assist with the operation of civil justice during the COVID-19 pandemic.
A detailed summary of these protocols, and other emerging protocols to be used in conducting remote arbitration hearing and court hearings will be added to this blog post.
This writer is senior commercial counsel, experienced in cross-border litigation and international arbitration, and a commercial arbitrator.
Inquiries about appointing David Alderson as sole or panel arbitrator, including availability and terms of appointment can be obtained on request by contacting Gilbertson Davis LLP Arbitration and Mediation Chambers, at 416 979 2020 ext 223, at info@gilbertsondavis.com or using the online Appointment Enquiry Form.
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