Originally from Alternatives to the High Cost of Litigation

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The pandemic-prompted shift to virtual arbitral proceedings has inspired protocols and spirited debate concerning technology nuances, integrity of the proceedings, and even fundamental fairness, particularly where witness confrontation must be accomplished remotely.

Yet the concept of virtual arbitral proceedings— at least for selective portions—is nothing new. Panels have for decades used telephonic or video feed to accommodate pre-hearing proceedings, occasional witness testimony, and argument. What has changed dramatically, however, is the widespread movement to a predominantly if not entirely virtual platform rather than just for isolated pieces.

While the transformation may have been a grudging fallback for some when the pandemic escalated and dampened plans for short-term postponements of hearings, the success and efficiency of virtual proceedings solidifies them as a mainstay of arbitrations in at least some hybrid form. The economies of time and cost are simply too great to resist, whatever in-person advantages are sacrificed and potential pitfalls arise.