The Effect Of Covid-19 Outbreak On International Arbitration Hearings

Same with lots of things in our usual work life, it is seen that Covid-19 outbreak has also forced to change the usual practice of domestic and international arbitration, especially the format of the hearings which were often held in person until today.

I. Usual Practice

In both international investment and commercial arbitration, parties may present their cases via oral hearings. Even though the written procedure may cover more details of the parties' submissions, analysing of the preliminary objections on jurisdiction and the merits of the case by the tribunals through oral hearings is a significant necessity and a vital element of the right to be heard.

Through the oral hearings, parties are able submit their pleadings and evidence to the tribunals more effectively. These hearings also include oral testimony and cross-examination of witnesses and experts of the parties by the parties' counsels. The tribunals have chance to ask direct questions to the