Remote hearings in international arbitration—a practical guide

Produced in partnership with Steven P. Finizio of WilmerHale
Practice notes

Remote hearings in international arbitration—a practical guide

Produced in partnership with Steven P. Finizio of WilmerHale

Practice notes
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It has become increasingly common in international arbitration for some aspects of the procedure to be conducted remotely, with some or all participants attending by video or telephone. Prior to the coronavirus (COVID-19) pandemic, parties and arbitrators would often agree to conduct some aspects of a case remotely for a variety of reasons, including convenience, cost savings or other efficiencies, or out of necessity (when, for example, a witness was unable to attend a hearing in person). Remote hearings by telephone or video-conference also are used in Emergency arbitrator proceedings and in cases proceeding under expedited procedures Rules. During the pandemic, many arbitrations proceeded with fully remote hearings, where most or all participants are located physically in different locations.

This Practice Note is intended to provide guidance on the conduct of remote hearings in international arbitration. It describes:

  1. remote hearing Options

  2. potential benefits of remote hearings, as well as potential concerns

  3. legal issues that may arise in connection with remote hearings, and

  4. practical issues to be addressed in the

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Jurisdiction(s):
United Kingdom
Key definition:
Emergency arbitrator definition
What does Emergency arbitrator mean?

An arbitrator appointed, generally, by an arbitral institution on an urgent basis to deal with an application for emergency interim relief before the constitution of the tribunal. Expedited formation of the tribunal, where available, may be an effective way, in some circumstances, of achieving the same result.

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