Le mieux est l’ennemi du bien
The pandemic saw a considerable increase in the use of virtual hearings. Whilst telephone or video conference procedural conferences had been commonplace in international arbitration, full virtual evidentiary hearings had not been. The pandemic changed that and virtual/remote evidentiary hearings became commonplace and kept the wheels of justice turning. This article considers whether there is a right to insist on a virtual hearing and conversely whether there is a right to an in-person hearing. The broad consensus is that save in exceptional or unusual circumstances, there is no right to an in-person hearing. Virtual hearings work perfectly well and will generally observe due process. Virtual hearings are good enough and are here to stay in at least some arbitrations.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management