Professor Maxi Scherer, WilmerHale Special Counsel, has published an article in Wolters Kluwer’s Journal of International Arbitration titled, “Remote Hearings in International Arbitration: An Analytical Framework,” which provides an in-depth study on remote (virtual) hearings in the context of the COVID-19 pandemic and beyond.
While remote hearings have been held in the past, the COVID-19 crisis has forced international arbitration out of its comfort zone. Today, parties, counsel and arbitrators must adapt to the new realty of conducting arbitrations in the face of travel and social restrictions. Questions on whether and to what extent an in-person hearing should be postponed or conducted virtually remains complicated. In this article Professor Scherer takes a step back from the immediate crisis. She proposes an analytical framework for virtual hearings in international arbitration, and provides relevant guidance on assessing whether to hold a hearing remotely, and if so, how to plan accordingly. Professor Scherer also considers the risk of potential challenges to awards based on remote hearings, looking in particular at alleged breaches of the parties’ right to be heard and treated equally.
Read the full article.