Has COVID-19 Unlocked Digital Justice? Answers from the World of International Arbitration
| Pages | 45-59 |
| Date | 01 April 2021 |
| Published date | 01 April 2021 |
| Author | Domenico Piers De Martino,Katharina Plavec |
| Subject Matter | Derecho Civil |
Has COVID-19 Unlocked Digital Justice? 45
Has COVID-19 Unlocked Digital Justice?
Answers from the World
of International Arbitration
D P D M*1 K P2
**
A
The article aims to provide an overview of ‘digital arbitration’ one year after
the beginning of the COVID-19 pandemic, with a view to supporting its wider
implementation. In particular, the article illustrates some of the additional benefits
online hearings confer and presents the legal framework, giving examples of how
arbitral institutions around the world have adapted to the constraints the pandemic
has imposed, with reference to their arbitration rules. In order to investigate the
legality of remote hearings, examples of relevant provisions in the law of the seat of
the arbitration, and the impact of the New York Convention, are also considered. In
addition, the article briefly explores how virtual proceedings take place in practice,
highlighting some of the key factors to be taken into account when conducting a
hearing online. We conclude that a single, uniform and exhaustive answer on the
legality of virtual hearings is not possible. This is because the answer is conditional
on the position adopted in legislation across multiple jurisdictions and it requires a
case-by-case approach. Nevertheless, in general, remote hearings are permissible
under the New York Convention regime, and are not prohibited by the national
* Domenico Piers De Martino holds a Master in Law and Finance from the University of Oxford
and is a Trainee Lawyer in international arbitration in Paris. Domenico.DeMartino.MLF2019@
said.oxford.edu.
** Dr Katharina Plavec holds a PhD in international arbitration from the University of Vienna and
a Master in Law and Finance (Distinction) from the University of Oxford. Katharina.Plavec.
MLF2019@said.oxford.edu.
Cambridge Law Review (2021) Vol VI, Issue i, 45–59
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