Hybrid arbitration hearings – where some participants attend in person while others join remotely – have become a permanent fixture of international dispute resolution. However, this format introduces significant cognitive challenges for arbitrators that threaten decision quality, procedural fairness, and ultimately award enforceability. This article addresses a critical gap in arbitration literature by synthesizing psychological research on decision fatigue with procedural best practices from major arbitral institutions. It proposes a comprehensive Tribunal Fatigue Mitigation Framework complete with practical checklists and a model procedural order designed for immediate implementation in ICC, LCIA, SIAC, Dubai International Financial Centre“DIFC”-LCIA, and HKIAC arbitrations. (Roo Patel, ‘Will Your Next Arbitration Hearing Be Hybrid? Plan Now for Success’ (Opus 2, 28 October 2025), https://www.opus2.com/planning-for-hybrid-hearings/ accessed 11 December 2025.) The central research question examined is: How can tribunals structure hybrid hearings to minimize fatigue and procedural errors without compromising fairness or efficiency? The answer lies in recognizing that hybrid hearings demand a fundamentally different procedural approach than traditional in-person proceedings – one that accounts for the psychological toll of sustained videoconferencing, the asymmetry between remote and physical participants, and the heightened cognitive demands placed on decision-makers who must simultaneously process digital and physical inputs.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management