AOA BREAKING NEWS – JUNE 2021

PROTOCOL ON REMOTE ARBITRATION HEARINGS
(THE PROTOCOL)

The Protocol is intended to serve as a guide to assist parties and arbitral tribunals with the preparation for and conducting of remote hearings in an ad hoc arbitration.  The Protocol covers an array of topic that are vital for conducting a successful remote hearing.  The topics dealt with in it include: (i) The regulatory framework (paragraphs 5 and 6); (ii) relevant considerations prior to embarking on a remote hearing (paragraph 7); (iii) the request for a remote hearing (paragraph 8); (iv) the relevant factors in selecting the most suitable software platform (paragraphs 9 and 10); (v) security and confidentiality (paragraphs 11 to 14); (vi) the documents to be used in the remote hearing and the need for a suitable procedure for their storage and transmission (paragraphs 15 and 16); (vii) measures that may be necessary to deal with witnesses and the testimony they are required to give (paragraphs 17 and 18); (viii) recording and transcription of evidence (paragraphs 19 to 21); (ix) considerations relevant to the use of interpreters (paragraph 22); (x) practical measures that need to be considered and implemented, including the technical issue of connectivity (paragraph 23); (xi) hearing etiquette that should be adhered to (paragraph 24); (xii) procedural requirements the arbitral tribunal needs to ensure compliance with (paragraphs 25 and 26); and (xiii) aspects that need to be catered for immediately prior to, and during the course of, the hearing (paragraphs 27 to 29).