ICC International Court of Arbitration Issues Guidance on Conducting Virtual Hearings

The International Chamber of Commerce’s (“ICC”) Court of Arbitration has issued a “Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic.”  The note is intended to provide arbitration parties, counsel, and tribunals with timely and useful recommendations for mitigating any disruptions that may result from the ongoing COVID-19 outbreak.  In addition, the document suggests methods for increasing the efficiency of arbitration procedures, how to successfully serve documents and notices, and describes options for conducting virtual hearings.  The guidance note also discusses how best to determine the means for conducting a virtual arbitration hearing as well as cyber-protocols and procedural considerations aimed at ensuring all participants are treated fairly.  Finally, the note provides three useful annexes including a “CHECKLIST FOR A PROTOCOL ON VIRTUAL HEARINGS,” a “SUGGESTED CLAUSES FOR CYBER-PROTOCOLS AND PROCEDURAL ORDERS DEALING WITH THE ORGANISATION OF VIRTUAL HEARINGS,” and an “ANNEX TO PROCEDURAL ORDER.”

You may download the guidance note from the ICC’s website.

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