Introduction
With over 3.2 billion people [some 40% of the world’s population!] on forced lockdown across the world as a result of the COVID-19 pandemic, all dispute resolution fora are having to find a new way of operating.
Courts are adapting their procedures to accommodate a degree of business ‘as close to’ normal as possible.
Whilst some parties/dispute resolvers are seeking to adjourn proceedings, that is not always possible or desirable and there is no clear understanding as to how long the current restrictions and international travel restrictions will last.
Courts and Arbitrations have accommodated remote participation of witnesses at hearings where it is impossible or impractical for that participant to appear in-person. Much of the procedural business of, e.g. an international arbitration, can and is routinely dealt with through various virtual platforms. Whilst such elements are reasonably familiar to experts and counsel, what is not common is the hosting of ‘virtual hearings’ for all participants. Beyond the hearing, members of the same legal team, their clients and witnesses may be separated from each other because of self-isolating or social distancing directions from national governments, increasing the reliance on technology and its collaborative potential to bridge that physical separation.
Remote working has become the new normal for most businesses seeking to continue operations during this time.
Panel Discussion Webinar
The Academy of Experts and HKA had a panel discussion webinar on 13 May 2020 that sought to share experience and opinions on the giving of expert evidence in ‘virtual hearings’, in any dispute forum, and address questions connected with the ‘new normal’.
The webinar was introduced by Derek Nelson and moderated by Professor John Uff CBE QC, Vice President, The Academy of Experts. Panellists included Sir Vivian Ramsey, The Academy of Experts, Judicial Committee; Gary Born, International Arbitrator, Counsel, Author, President SIArb Court of Arbitration; Professor Janet Walker, International Arbitrator, Expert, Academic, Author; Simon Rainey QC, Counsel, Deputy HC Judge; Dr Franco Mastrandrea, International Arbitrator, Adjudicator and Expert Witness; and Jonathan Humphrey, Quantum and Forensic Accounting Expert Witness.
