Publications

Two decades ago, “technology” and “arbitration” where never mentioned together in the same sentence. Today, in 2023, technology and arbitration are inseparable due to the fact that a wide spectrum of technology related disputes are being arbitrated. The world has witnessed a vast evolution of technology in arbitration where the expansion of cloud data storage, mobile communications, social networking platforms, have produced many new topics for arbitration. Some of these technologies (zoom, Microsoft teams) have influenced the way arbitration is conducted in a cyber space setting. Holding a hearing in person may sometimes be impossible or cause a delay in the arbitration process, the pandemic revealed this weakness, resorting to technology has solved the problem by conducting hearings via several platforms; virtual hearings have replaced the in person ones in particular during the Covid-19 pandemic. This paper will focus on the concept and legal framework for virtual hearings in arbitration. It will first examine the existing laws in different jurisdictions and how they deal with issues regarding to arbitration; An analysis of several institutional arbitration rules will also be conducted. The paper will further examine the legal and technical objections which are frequently encountered in the practice of virtual hearings.