Originally from Soft Law in International Arbitration, Second Edition

PREVIEW PAGE

You have an arbitration or mediation hearing coming up and want to consider the implications of COVID-19 on whether to proceed with the hearing and in what manner. The table overleaf provides a checklist of matters to consider in deciding whether to maintain the date of the hearing, and preparing, conducting and following up on the hearing in light of COVID-19. For other considerations that may come into play, such as whether to suspend the proceedings, please refer to Appendix 1 for a non-exhaustive list.

In reviewing the checklist, you should consider the potential disruption that not taking steps – moving the venue, postponing the hearing or conducting it online – may create for participants and their families.

As will be apparent, dialogue among the tribunal/mediator and the parties is key. It is recommended: (i) to hold a “Conference Call” to discuss the questions raised in the checklist, which can serve as an agenda for this purpose; and (ii) for the call participants to consider the checklist in preparing for the call and be in a position to answer the relevant questions for their side.

This checklist is a work in progress and will be updated in light of feedback received on it.