In Construction Law Journal Article, Akin Gump International Arbitration Lawyers Examine Virtual Hearings

April 19, 2021

Reading Time : 1 min

Contact:

Jacinta O'Shea-Ramdeholl

Director of Communications

Sarah Richmond

Senior Communications Manager

Construction Law Journal has published the article “Virtual Hearings in International Construction Arbitration: Evolution or Mitigant?” The article, written by Akin Gump international arbitration and dispute resolution partner Hamish Lal and associates Léa Defranchi and Josephine Kaiding, examines the rise of virtual hearings and suggests that some of the compelling reasons given in favor of physical hearings should be revalidated before a permanent move to virtual is considered the default.

The authors write that, while virtual hearings can lead to certain enhancements in the arbitration process, they question “whether the switch from physical to virtual is an inevitable evolution in international arbitration procedure” or if it is simply “a temporal reaction to the various problems caused by a pandemic.” They then cite examples of cases highlighting the importance of physical hearings as well as others leading to some concerns with virtual hearings.

The article concludes by noting that “observing a person’s overall demeanor, their surroundings, and the real-time reactions of other participants in the hearing room often yields useful information.” Maintaining hearings that are entirely virtual, the authors add, means that “the interactions between the tribunal, counsel, witnesses and experts which are specific to evidentiary hearings, are lost.”

Share This Insight

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.