The survey, ‘Adapting Arbitration to a Changing World’, explored how the sector adapted to the unprecedented demands of the COVID-19 pandemic. More than 1,200 private practice lawyers, in-house counsel and arbitrators took part between October 2020 and March 2021.
Some 79% of respondents said they would choose a virtual hearing over postponement if an in-person hearing were not possible, while 16% would postpone and four per cent would opt for a documents-only award.
Nine out of ten of the respondents said international arbitration was their favoured option, either on a standalone basis (31%) or in conjunction with alternative dispute resolution (59%). The top five preferred seats for arbitration were London, Singapore, Hong Kong, Paris and Geneva.
The use of technology, already widely used in international arbitration, increased during the pandemic, particularly in regard to videoconferencing and digital hearing room technologies.
Respondents liked the greater availability of potential dates for hearings, when held virtually, as well as the greater efficiency through the use of technology and greater procedural and logistical flexibility. However, they expressed concerns about the difficulty of accommodating multiple time zones and the impression that it is ‘harder for counsel teams and clients to confer’ and to control witnesses and assess their credibility. They also cited screen fatigue and the fallibility of technology as concerns.
Post-pandemic, the respondents said they would prefer a mix of in-person and virtual for almost all interactions, including meetings and conferences. Wholly virtual formats were narrowly preferred for procedural hearings, but respondents wanted to keep the option of in-person hearings open for substantive matters.
Abby Cohen Smutny, global head of the international arbitration practice group, White & Case, said: ‘The field of international arbitration is dynamic by nature.
‘Its hallmarks of flexibility and party autonomy allow it to develop and adapt in response to the needs of its users. Recent times have seen an increased focus on drivers of change such as diversity, technology, environmental considerations and information security.
‘The COVID-19 pandemic has also presented challenges to the way in which the international arbitration community interacts, with virtual hearings, conferences and meetings with counsel, clients and teams becoming the norm almost overnight.’
View the full survey report at bit.ly/3b9fahH.
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