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Virtual Hearings: adapting to the new reality

Posted on: 1 June 2020

Ian Gaunt, Immediate Past President of  the London Maritime Arbitrators Association (LMAA), reports that the world’s leading maritime arbitration body has been successfully conducting virtual hearings over the past two months with very few deferrals until such time as physical hearings can resume.

“Parties and arbitrators are adapting to hold virtual hearings successfully without any prejudice to the parties’ ability to have their cases properly heard or to cross-examine witnesses,” he says.

His comments came in the introduction to the ‘Virtual Hearings: adapting to the new reality’ webinar on 27 May, organised by the association in collaboration with the IDRC and Opus 2 exclusively for the LMAA members.

LMAA arbitrators handle some 1,700 new cases every year with around 500 awards published, Gaunt adds – although he points out that the body is “unusual” in that around 80% of its cases do not involve actual hearings but are resolved on the basis of documentary evidence only.

Guidance has been provided to arbitrators on the technology required for virtual hearings, Gaunt continues, including use of platforms such as Zoom where earlier concerns over security issues have now been resolved. An advisory protocol is now being drawn up on things LMAA arbitrators need to be aware of and/or bring to the parties’ attention in setting up and running a virtual hearing, he informs.

“Unlike the position under the prescriptive rules of some arbitral institutions, there is no question but that the LMAA Terms and Procedures do permit the holding of virtual hearings,” states the body’s Past Presidents. “We think they should be encouraged in the current environment.”

“Above all, however, we want to retain the flexibility and light touch which are the hallmarks of LMAA arbitration and which have made it so successful,” he states.

While lockdown continues, the LMAA IT Working Group will continue to monitor developments in the courts, “especially in England, Hong Kong and Singapore, as well as measures announced by other arbitral organisations and institutions,” Gaunt informs. “Above all, we welcome feedback from LMAA users on their experience,” which can be sent to cliveaston@cliveaston.com or Daniella Horton, Hon Secretary of the LMAA, at dhorton@hortation.com , he says.

He concludes with the observation that a ‘new normal’ for international maritime arbitration where people don’t have to “fly half way across the world to give 30 minutes’ worth of evidence” may be one of positives to come out of the Covid pandemic.

The webinar’s recording is available here and blog post here.

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