Documents-only arbitrations in times of coronavirus (COVID-19)

Article summary

Arbitration analysis: There has been much talk of virtual hearings in arbitrations since the coronavirus (COVID-19) lockdown. However, another alternative is a documents-only arbitration. In other words, dispensing with a formal hearing entirely and conducting the arbitration and drafting the award based on documentary submissions only. It would be going too far to suggest all arbitrations could be conducted in this way. However, documents and written submissions are extremely important not only in presenting a case but also for the arbitrators to understand and deliberate the issues in all arbitrations. The documents and written submissions are frequently carefully considered when awards are drafted despite the importance often attached to a hearing. Nicholas Gould, partner at Fenwick Elliott LLP and former member of the drafting committee for the Chartered Institute of Arbitrators (CIArb)’s Documents-Only Arbitration Procedures (2016), explores the documents-only option for arbitrations during the coronavirus pandemic.