The Virtual Matrix: Re-Thinking Hearings In International Arbitration

Introduction

The received wisdom is that virtual hearings are a subprime alternative to in-person hearings, a secondary option to be used only when classical inperson hearings are not possible or too costly. However, as a result of technological advances, and a change in perceptions based on recent experiences, virtual hearings are certain to become more common in arbitral proceedings.

This note suggests that virtual hearings will allow us to re-think how hearings and arbitral proceedings should be structured, either as an alternative to or alongside in-person hearings. In particular, they open the door to moving away from the singular-block hearing format that dominates our practice, to a more flexible and dynamic concept of how international arbitration hearings can be conducted and integrated in the arbitral procedure.