Amidst the transformation, the Abu Dhabi Global Market Arbitration Centre (ADGMAC) has emerg! as a trailblazer in the arbitration field, introducing innovative solutions to adapt to the changing times. Now, how can parties and tribunals adapt to the new normal of virtual proce!ings while upholding the principles of fairness and transparency? One such pioneering initiative is the ADGMAC Protocol for Remote Hearings, design! to facilitate seamless arbitration proce!ings in a virtual environment. Here is the protocol set:
The Evolution of Arbitration in the UAE
Traditionally, arbitration has been synonymous with in-person hearings, where parties, lawyers, and tribunal members gather in a physical courtroom to present their cases. With global challenges like the COVID-19 pandemic, the necessity for alternative dispute-resolution mechanisms has telegram number database become increasingly clear. In response to this shifting paradigm, the ADGMAC took proactive measures to ensure that arbitration remains accessible and efficient in the face of adversity.
Remote and Semi-Remote Hearings
The Protocol, introduc! in June 2021, serves as a comprehensive framework for conducting remote and semi-remote hearings in international arbitration. It covers various proc!ural and logistical considerations, focusing on crucial aspects like selecting electronic platforms. The role of participants, and measures to safeguard confidentiality. By providing clear guidelines, the Protocol empowers parties and tribunals to adapt to the new reality of virtual arbitration seamlessly.
Key Considerations for Remote Hearings
At the heart of the Protocol lies a commitment to fairness, cooperation, and good faith. It emphasizes the importance of ensuring the enforceability of arbitral awards and maintaining confidentiality throughout the proce!ings. To achieve these objectives, the Protocol V outlines fanto data several essential components, including:
Structure and Use:
The Protocol supports both merits hearings and case management conferences, providing V flexibility to components and methods of formation meet the unique ne!s of each case. To ensure a fair and effective proc!ure, parties and tribunals are urg! to modify the Protocol to meet the particular ne!s of each arbitration reference.
Choice of Platforms:
In an era dominat! by digital technology, the Protocol recognizes the importance of selecting reliable and secure electronic platforms for remote hearings. It sets forth functional requirements for video-conferencing systems, document management, and real-time transcripts, laying the groundwork for a seamless virtual experience.
Participants and Witnesses
Clear distinctions are made between speakers and attendees, with provisions for objection to participants to uphold the integrity of the proce!ings. Special attention is given to the examination of facts and expert witnesses. Measures are in place to ensure their testimony remains confidential and free from external influence.