INTERNATIONAL ARBITRATION IN THE TIMES OF COVID-19 AND THE WAY FORWARD

Abstract

This article talks about the changes in the way Arbitration Proceedings are conducted in the light of the global pandemic. It talks about Virtual Hearings and the challenges it poses. It also progresses into explaining the guidelines issued by various Arbitral Institutions to ease the process of conducting hearings online. It then goes on to talk about how the situation might pan in the future, the use of artificial technologies to conduct proceedings, etc. The coronavirus outbreak is an unprecedented global health crisis with no certainty whatsoever. The World Health Organisation has officially declared it as a global pandemic. In the span of just three weeks it evolved from being a crisis only in central china to a challenge the entire world is facing. It has now affected over 1,93,92,179 people across the world resulting in 7,18,326 deaths and the number keeps increasing. There is no proven medicine for the disease yet, health officials have stated that it would take over a year to develop a vaccine. Therefore, it is safe to say that the virus is going to stay with us for an extended period. The pandemic has adversely affected every business sector and left the dispute resolution system completely handicapped. Arbitration has not been immune from these effects. Arbitration proceedings across the world have been delayed. The outbreak has initially disrupted proceedings in China, South Korea, Singapore and later in the U.S, Europe, Asia and rest of the world. It has been a challenge for tribunals to conduct hearings without witnesses from China. International Institutions facilitating arbitration have been taking precautionary measures in their offices and are advising parties to refrain from hearings in person. Therefore, undoubtedly, proceedings are going to be conducted online. Arbitral institutions like the ICC, LCIA, SCIA, ICDR and ICSID have been operating only virtually and parties are requested totransmit all communications through email. This has to be a turning point for International Arbitration as online dispute resolution is being brought into the picture.