CIArb launched its ‘Guidance note on remote dispute resolution proceedings’ last week. It is designed to equip both neutrals and parties with the necessary tools and techniques for conducting dispute resolution proceedings in line with social distance regulations. The authors are CIArb’s research executive Kateryna Honcharenko and research manager Mercy McBrayer, and the note includes input from eminent practitioners around the world.
It offers practical advice on how proceedings can not only continue under remote conditions but proactively adapt in ways that will ultimately be positive for the way dispute resolution is practised. Contents include factors to consider when choosing communication platforms, ensuring effective use of witnesses and experts and, crucially, safeguarding confidentiality. A helpful checklist is also included. The guiding principles can be applied to any dispute procedure.
Lewis Johnston, CIArb’s head of policy and external affairs, said: ‘The coronavirus social distancing measures pose a huge challenge, and we’re proud to unveil the Guidance Note on Remote Dispute Resolution Proceedings to allow neutrals and parties to operate as effectively as possible under these circumstances.
‘Disputes professionals are by nature adaptive and agile, and I have full confidence that our members will rise to this challenge. Furthermore, the ad hoc procedures and rules we offer are ideally suited to allow for the kind of flexibility that will be invaluable at this time.’
Timothy Cooke, partner at Stephenson Harwood and vice-chair of the sub-committee on witness conferencing established by the Singapore branch of CIArb in 2017, described the guidance note as ‘an indispensable point of reference that will be of practical benefit for those planning a remote hearing’. He said it ‘offers concise, practical advice’ and ‘covers a broad range of technical, logistical, legal and procedural matters and concludes with a helpful checklist of items for consideration’.
Download the new guidance note here.
