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Will Virtual Hearings Remain in Post-pandemic International Arbitration?

Chen, Lei

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Abstract

The pandemic has catalysed to hasten the wider use of virtual hearings in international arbitration. However, the promotion of virtual hearings in international commercial dispute resolution was more complex than commonly thought due to the highlighted concerns of cybersecurity and breach of confidentiality in arbitration. The worries against the wide use of virtual hearings cannot stand because technological innovations can largely improve and solve this. However, virtual arbitration hearings may not be common post-COVID times. Technology shapes how people behave, interact, grow, and develop in their relationships with others and wider communities. Yet greater immersion in the digital world undoubtedly creates new challenges and can adversely affect human-to-human interactions. There is very little scientific study on the psychological impacts of virtual hearings on arbitrators, witnesses and counsels. It is too early to assess its effectiveness from the user's perspective until the much-needed scientific data is released. Virtual hearings are unlikely to replace in-person ones necessary for more complex and high-value disputes requiring greater interaction and personal connection. Strategically, international arbitration is a private initiative-orientated, flexible, and market-driven dispute resolution mechanism. The parties are best positioned to choose the hearing format after balancing off.

Citation

Chen, L. (2024). Will Virtual Hearings Remain in Post-pandemic International Arbitration?. International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 37(3), 829-849. https://doi.org/10.1007/s11196-023-10054-7

Journal Article Type Article
Acceptance Date Sep 16, 2023
Online Publication Date Oct 3, 2023
Publication Date May 1, 2024
Deposit Date Oct 5, 2023
Publicly Available Date Oct 6, 2023
Journal International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Print ISSN 0952-8059
Electronic ISSN 1572-8722
Publisher Springer
Peer Reviewed Peer Reviewed
Volume 37
Issue 3
Pages 829-849
DOI https://doi.org/10.1007/s11196-023-10054-7
Keywords Psychological impact, Confidentiality, Virtual hearing, International arbitration, Cybersecurity, Technology
Public URL https://durham-repository.worktribe.com/output/1758319

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This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.





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