Arbitration Tech and Virtual Hearings Toolkit
The Campaign for Greener Arbitrations North America Committee is pleased to present the Arbitration Tech and Virtual Hearing Toolkit – a practical and concise summary of:
International arbitral institution rules applicable to virtual hearings and electronic communication, including links to applicable guides.
Technology resources for remote hearings.
We hope that this will provide a convenient toolkit for arbitrators and practitioners interested in conducting arbitrations in line with greener practices, such as those outlined in the CGA’s Green Protocols.
A special thanks to CGA North America Vice-Chair Sarah McEachern, Partner at Borden Ladner Gervais LLP (Canada), and Hessam Mehrabi for designing and compiling the toolkit. For any comments and suggestions, please contact Ryan Hicks, Secretary to the CGA North America Committee, at ryan.hicks@freshfields.com. Please note that this toolkit is a summary and is not an exhaustive compilation.
Table “A” – International Arbitration Institutions’ Rules and Guides Regarding Holding Virtual Hearing/Examination and
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
Arbitration Institute of the Stockholm Chamber of Commerce (SCC) |
Yes, under Article 32 of the SCC Arbitration Rules (2023) |
Yes, pursuant the arbitral tribunal's broad discretion under Articles 2 and 23 of the SCC Arbitration Rules (2023) |
Yes, under Article 5 of the SCC Arbitration Rules (2023) |
|
The SCC offers its users the SCC Platform, which enables the participants a secure workspace for communication and filing. |
||||
Australia Centre for International Commercial Arbitration (ACICA) |
Yes, under Sections 25.4and 35.5 of ACICA Arbitration Rules (2021) |
Yes, under Sections 25.5,35.5, and 36.5 of ACICA Arbitration Rules (2021) |
Arbitration Rules (2021) |
|
CPR Dispute Resolution |
Yes, pursuant the arbitral tribunal's broad discretion of CPR Rules for Administered Arbitration of International Disputes (2019) |
Yes, pursuant the arbitral tribunal's broad discretion of CPR Rules for Administered Arbitration of International Disputes (2019) |
Yes, pursuant the arbitral tribunal's broad discretion CPR Rules for Administered Arbitration of International Disputes (2019) |
|
Dubai International Arbitration Center (DIAC) |
Yes, Article 27.6 of DIAC Arbitration Rules (2022) |
5.3 of DIAC Arbitration Rules (2022) |
N.A. |
|
German Institute for Arbitration (DIS) |
No, the temporary Covid-19 specific procedure is no longer in place except in limited instances such as electronic |
No |
Yes, Article 4 of DISArbitration Rules (2018) |
N.A. |
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
|
submission of Request for Arbitration. |
|
|
|
Hong Kong International Arbitration Centre (HKIAC) |
Yes, pursuant to the tribunal's broad power to determine procedural matters under Articles 13(1) of the HKIAC Rules |
Yes, under the tribunal's broad power to determine procedural matters according to 22(5) of the HKIAC Rules |
Article 3 of HKIAC Rules |
|
International Centre for Dispute Resolution (ICDR) |
Yes, Articles 22.1 and 26.2 of ICDR International Arbitration Rules (March 2021) |
Yes, Article 26.2 of ICDR International Arbitration Rules (March 2021) |
Yes, Article 11.1 of ICDR International Arbitration Rules (March 2021) |
|
International Centre for Settlement of Investment Disputes (ICSID) |
32(2) of the ICSID Arbitration Rules (2022) |
Yes, under Rule 38(5) of the ICSID Arbitration Rules (2022) |
Yes, under Rule 4 of the ICSID Arbitration Rules (2022) |
|
International Chamber of Commerce (ICC) |
Yes, Article 26(1) of the ICC Arbitration Rules (2021) |
Yes, Pursuant the arbitral tribunal's broad discretion under Article 25 of the ICC Arbitration Rules |
ICC Arbitration Rules (2021) |
ICC Checklist for a Protocol on Virtual Hearings and Suggested Clauses for Cyber-Protocols and |
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
|
|
|
|
Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (2021) (Section |
London Court of International Arbitration (LCIA) |
Yes, under Article 19(2) of the LCIA Arbitration Rules (2020) |
Yes, pursuant to the arbitral tribunal's broad discretion under Article 14 of the LCIA Arbitration Rules (2020) |
4 of the LCIA Arbitration Rules (2020) |
N.A. |
Netherlands Arbitration Institute (NAI) |
Yes, pursuant the arbitral tribunal's broad discretion under Articles 21(1) and 25(2) of NAI Arbitration Rules (Jan 2015) |
Yes, under Articles 28(3)and 21(10) of NAI Arbitration Rules (Jan 2015) |
Yes, under Articles 3 of NAI Arbitration Rules (Jan 2015) |
|
New York International Arbitration Centre (NYIAC) |
NYIAC hosts and providesassistance for remote hearings and hearing-related conferences |
NYIAC hosts and providesassistance for remote hearings and hearing-related conferences |
NYIAC hosts and provides assistance for remote hearings and hearingrelated conferences |
|
Seoul International Dispute Resolution Center (IDCR) |
IDCR hosts and provides assistance for virtual hearing through “V-Hearing” |
IDCR hosts and provides assistance for virtual hearing through “V-Hearing” |
IDCR hosts and provides assistance for virtual |
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
|
|
|
||
Singapore International Arbitration Centre (SIAC) |
Yes, pursuant the arbitral tribunal's broad discretion under Rule 19(1) SIAC Arbitration Rules (2016) |
Yes, pursuant the arbitral tribunal's broad discretion under Rule 25(3) SIAC Arbitration Rules (2016) |
SIAC Arbitration Rules (2016) |
|
Swiss Arbitration Centre |
Yes, under Article 27(2) of Swiss Rules of International Arbitration (June 2021) |
Yes, under Article 27(5) of Swiss Rules of International Arbitration (June 2021) |
Yes, under Articles 2 and 3 of Swiss Rules of International Arbitration (June 2021) |
The Swiss Arbitration Hubhelps practitioners and users organise online/hybrid hearings. It is a platform that allows to find and contact providers of hearing facilities and accommodation, interpreters, court reporters, and providers of other useful services, such as video services, virtual data rooms, eDiscovery services for arbitration. |
UNCITRAL Arbitration Rules* |
Yes, under Articles 28(3)and 17 of UNCITRAL Arbitration Rules (2021) |
Yes, under Articles 28(3)and 17 of UNCITRAL Arbitration Rules (2021) |
Yes, under Articles 2 and 17 of UNCITRAL Arbitration Rules (2021) |
|
Vancouver International Arbitration Center (VanIAC) |
Yes, under Sections 16(b)and 25 of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
23(d)(e) of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
Yes, under Section 2 of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
|
Vienna International Arbitration Centre (VIAC) |
Yes, under Article 30 of VIAC Rules of Arbitration (2021) |
Yes, pursuant the arbitral tribunal's broad discretion under Article 28(1) VIAC Arbitration Rules (2021) |
Yes, under Articles 7 and 12 of VIAC Rules of Arbitration (2021) |
The Vienna Protocol - A Practical Checklist for Remote Hearing |
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
World Intellectual Property Organization (WIPO) Arbitration and Mediation Center |
Yes, under Article 55 of WIPO Arbitration Rules (2021) |
Yes, pursuant the arbitral tribunal's broad discretion under Article 37 of WIPO Arbitration Rules (2021) |
Yes, under Article 4 of WIPO Arbitration Rules (2021) |
|
* United Nations Commission on International Trade Law (UNCITRAL) is not an arbitration institution. However, UNCITRAL Arbitration Rules are often used in ad hoc arbitrations as the rules of procedure.
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
|
|
|
||
Singapore International Arbitration Centre (SIAC) |
Yes, pursuant the arbitral tribunal's broad discretion under Rule 19(1) SIAC Arbitration Rules (2016) |
Yes, pursuant the arbitral tribunal's broad discretion under Rule 25(3) SIAC Arbitration Rules (2016) |
SIAC Arbitration Rules (2016) |
|
Swiss Arbitration Centre |
Yes, under Article 27(2) of Swiss Rules of International Arbitration (June 2021) |
Yes, under Article 27(5) of Swiss Rules of International Arbitration (June 2021) |
Yes, under Articles 2 and 3 of Swiss Rules of International Arbitration (June 2021) |
The Swiss Arbitration Hubhelps practitioners and users organise online/hybrid hearings. It is a platform that allows to find and contact providers of hearing facilities and accommodation, interpreters, court reporters, and providers of other useful services, such as video services, virtual data rooms, eDiscovery services for arbitration. |
UNCITRAL Arbitration Rules* |
Yes, under Articles 28(3)and 17 of UNCITRAL Arbitration Rules (2021) |
Yes, under Articles 28(3)and 17 of UNCITRAL Arbitration Rules (2021) |
Yes, under Articles 2 and 17 of UNCITRAL Arbitration Rules (2021) |
|
Vancouver International Arbitration Center (VanIAC) |
Yes, under Sections 16(b)and 25 of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
23(d)(e) of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
Yes, under Section 2 of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
|
Vienna International Arbitration Centre (VIAC) |
Yes, under Article 30 of VIAC Rules of Arbitration (2021) |
Yes, pursuant the arbitral tribunal's broad discretion under Article 28(1) VIAC Arbitration Rules (2021) |
Yes, under Articles 7 and 12 of VIAC Rules of Arbitration (2021) |
The Vienna Protocol - A Practical Checklist for Remote Hearing |
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
World Intellectual Property Organization (WIPO) Arbitration and Mediation Center |
Yes, under Article 55 of WIPO Arbitration Rules (2021) |
Yes, pursuant the arbitral tribunal's broad discretion under Article 37 of WIPO Arbitration Rules (2021) |
Yes, under Article 4 of WIPO Arbitration Rules (2021) |
|
* United Nations Commission on International Trade Law (UNCITRAL) is not an arbitration institution. However, UNCITRAL Arbitration Rules are often used in ad hoc arbitrations as the rules of procedure.
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
|
|
|
||
Singapore International Arbitration Centre (SIAC) |
Yes, pursuant the arbitral tribunal's broad discretion under Rule 19(1) SIAC Arbitration Rules (2016) |
Yes, pursuant the arbitral tribunal's broad discretion under Rule 25(3) SIAC Arbitration Rules (2016) |
SIAC Arbitration Rules (2016) |
|
Swiss Arbitration Centre |
Yes, under Article 27(2) of Swiss Rules of International Arbitration (June 2021) |
Yes, under Article 27(5) of Swiss Rules of International Arbitration (June 2021) |
Yes, under Articles 2 and 3 of Swiss Rules of International Arbitration (June 2021) |
The Swiss Arbitration Hubhelps practitioners and users organise online/hybrid hearings. It is a platform that allows to find and contact providers of hearing facilities and accommodation, interpreters, court reporters, and providers of other useful services, such as video services, virtual data rooms, eDiscovery services for arbitration. |
UNCITRAL Arbitration Rules* |
Yes, under Articles 28(3)and 17 of UNCITRAL Arbitration Rules (2021) |
Yes, under Articles 28(3)and 17 of UNCITRAL Arbitration Rules (2021) |
Yes, under Articles 2 and 17 of UNCITRAL Arbitration Rules (2021) |
|
Vancouver International Arbitration Center (VanIAC) |
Yes, under Sections 16(b)and 25 of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
23(d)(e) of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
Yes, under Section 2 of VanIAC International Commercial Arbitration Rules of Procedure (2022) |
|
Vienna International Arbitration Centre (VIAC) |
Yes, under Article 30 of VIAC Rules of Arbitration (2021) |
Yes, pursuant the arbitral tribunal's broad discretion under Article 28(1) VIAC Arbitration Rules (2021) |
Yes, under Articles 7 and 12 of VIAC Rules of Arbitration (2021) |
The Vienna Protocol - A Practical Checklist for Remote Hearing |
Arbitration Institution |
Virtual Hearing Possibility |
Virtual Witness Examination Possibility |
Electronic Communication/Filing Possibility |
Guides |
World Intellectual Property Organization (WIPO) Arbitration and Mediation Center |
Yes, under Article 55 of WIPO Arbitration Rules (2021) |
Yes, pursuant the arbitral tribunal's broad discretion under Article 37 of WIPO Arbitration Rules (2021) |
Yes, under Article 4 of WIPO Arbitration Rules (2021) |
|
* United Nations Commission on International Trade Law (UNCITRAL) is not an arbitration institution. However, UNCITRAL Arbitration Rules are often used in ad hoc arbitrations as the rules of procedure.
Table B - Guidelines Provided by Other Arbitration Institutions Regarding Virtual Hearings
Arbitration Institution |
Guide |
Africa Arbitration Academy |
|
Delos Dispute Resolution |
Checklist on Holding Arbitration and Mediation Hearings in Times of |
FINRA Dispute Resolution Services |
|
ICCA-NYC Bar-CPR |
|
Indian Arbitration Forum (IAF) |
|
International Bar Association (IBA) |
|
International Bar Association (IBA) |
|
The Chartered Institute of Arbitrators (CIArb) |
|
The Hague Conference on Private International Law |
1970 Evidence Convention Guide to Good Practice – The Use of Video- |
The International Council for Online Dispute Resolution (ICODR) |
|
United Nations Commission On International Trade Law (UNCITRAL) |
Table C – Technology Resources for Remote Arbitration
Function |
Resource |
Features |
Where to find? |
How to use? |
Virtual Hearing Platform |
Bluejeans |
Most prominent features for a remote hearing:
|
See the webpage "GettingStarted With BlueJeans" |
|
Virtual Hearing Platform |
Endispute |
Most prominent features for a remote hearing:
|
See the FAQ page |
|
Virtual Hearing Platform |
Google Meet |
Most prominent features for a remote hearing:
|
See Google Meet trainingand help webpage |
|
Virtual Hearing Platform |
GoToMeeting |
Most prominent features for a remote hearing:
|
See the FAQ page |
|
Virtual Hearing Platform |
Immediation |
Most prominent features for a remote hearing:
|
Arbitration product brochure is available here |
Function |
Resource |
Features |
Where to find? |
How to use? |
Virtual Hearing Platform |
Legaler |
Most prominent features for a remote hearing:
|
See the page "GettingStarted with Legaler" |
|
Virtual Hearing Platform |
Microsoft Teams |
Most prominent features for a remote hearing:
|
||
Virtual Hearing Platform |
Transperfect |
Most prominent features for a remote hearing:
|
See the page "CentralizeArbitration Management" |
|
Virtual Hearing Platform |
TrialMax Cloud |
Most prominent features for a remote hearing:
|
See the page "FTI VirtualCourtroom" |
Function |
Resource |
Features |
Where to find? |
How to use? |
Virtual Hearing Platform |
Trustpoint.one |
Most prominent features for a remote hearing (witness examination):
|
Visit the Website |
|
Virtual Hearing Platform |
Vidyo |
Most prominent features for a remote hearing:
|
See the page "Vidyo Virtual Courts and Justice" |
|
Virtual Hearing Platform |
WebEx |
Most prominent features for a remote hearing
|
See the FAQ page |
|
Virtual Hearing Platform |
Zoom |
Most prominent features for a remote hearing:
|
See the page "ZoomLearning Center" |
Function |
Resource |
Features |
Where to find? |
How to use? |
Remote Interpretation |
Interprefy |
Most prominent features for a remote hearing:
|
See the page "The Remote |
|
Remote Interpretation |
Kudo |
Most prominent features for a remote hearing:
|
||
Remote Interpretation |
Morningside |
Most prominent features for a remote hearing:
|
||
Remote Interpretation |
Transperfect |
Most prominent features for a remote hearing:
|
See the page "Video remote interpretation" |
|
Management and Transfer of Arbitration Data |
Affinitext |
Most prominent features for arbitration:
|
See the page "Request aDemonstration" |
|
Management and Transfer of Arbitration Data |
CaseMap |
Most prominent features for arbitration: • Organizes case documents and review and present information in a compelling story or timeline |
See the page "CaseMap®Cloud Support & Training" |
Function |
Resource |
Features |
Where to find? |
How to use? |
|
|
|
|
|
Management and Transfer of Arbitration Data |
Exhibit Manager |
Most prominent features for arbitration:
|
Official Website |
See the FAQ page |
Management and Transfer of Arbitration Data |
FileCloud |
Most prominent features for arbitration:
|
Visit the website |
|
Management and Transfer of Arbitration Data |
Opus Magnum |
Most prominent features for arbitration:
|
Visit the website |
Function |
Resource |
Features |
Where to find? |
How to use? |
|
|
• Permits parties to share their finalised arbitration pleadings and submissions with the tribunal and opposing counsel through a separate ‘shared’ database |
|
|
Management and Transfer of Arbitration Data |
SharePoint |
Most prominent features for arbitration:
|
See the page "SharePointTraining" |
|
Management and Transfer of Arbitration Data |
Strutlegal |
Most prominent features for arbitration
|
See the contact page |
|
Management and Transfer of Arbitration Data |
TransCEND |
Most prominent features for arbitration
reconstituting the entire arbitration record; |
See the contact page |
Function |
Resource |
Features |
Where to find? |
How to use? |
Presentation of Graphics and Evidence |
Impact Trial |
Most prominent features for arbitration:
|
See the page "ServicesOffered in Technical Terms" |
|
Presentation of Graphics and Evidence |
Prezi |
Most prominent features for arbitration:
|
See the page "Prezi product tutorials" |
|
Presentation of Graphics and Evidence |
RLM | TrialGraphix |
Most prominent features for arbitration: • Offers two-dimensional (2D) graphics and three-dimensional (3D) visualisations to illustrate issues or items in dispute |
See Services page |
|
Presentation of Graphics and Evidence |
SmartDraw |
Most prominent features for arbitration:
|
||
Presentation of Graphics and Evidence |
TrialPad – Lit Software |
Most prominent features for arbitration:
|
See the page "TrialPad Video |
Function |
Resource |
Features |
Where to find? |
How to use? |
Presentation of Graphics and Evidence |
TrialTech |
Most prominent features for arbitration:
|
Visit the website |
|
Presentation of Graphics and Evidence |
Z Axis |
Most prominent features for arbitration:
|
See Services page |
|
Virtual Reality and Augmented Reality |
A2L Consulting (formerly Animators at Law) |
Most prominent features for arbitration:
|
Visit the website |
|
Virtual Reality and Augmented Reality |
Cogent Legal |
Most prominent features for arbitration:
|
Visit the website |
|
Virtual Reality and Augmented Reality |
Courtroom Visuals |
Most prominent features for arbitration:
|
Visit the website |
|
Analytical Tools and Mind Mapping |
Brainspace |
Most prominent features for arbitration: • Enables the users to present data through a map-like content ‘Cluster Wheel’ and a ‘Communications Network’ view to track email traffic flows and volumes, which can then be used to organise data for fast review and reduction of data volumes |
See Training page |
Function |
Resource |
Features |
Where to find? |
How to use? |
|
|
|
|
|
Analytical Tools and Mind Mapping |
Legal Analytics by Lex Machina |
Most prominent features for arbitration
(The application of the same features to arbitration should be checked with the provider) |
See Training page |
|
Analytical Tools and Mind Mapping |
Courtroom Visuals |
Most prominent features for arbitration: • Enables the user to capture and transform ideas into clear, customizable mind maps, flowcharts, and timelines; |
See the page "Learning Tools for MindManager" |
|
Analytical Tools and Mind Mapping |
Ross Intelligence |
Most prominent features for arbitration: • Enables the users to analyse unstructured information, and provide analytical responses for concrete cases from published and unpublished case law assist in preparing legal briefs by extracting quotes and key points of law from case law, and provide a quick overview of what key legal analyses are discussed within the case as they relate to a query |
Visit the website |
|
Function |
Resource |
Features |
Where to find? |
How to use? |
|
|
• Assists the users to find other cases with similar language to strengthen specific position. (The application of the same features to arbitration should be checked with the provider) |
|
|
Analytical Tools and Mind Mapping |
TreeAge Pro |
Most prominent features for arbitration:
|
Visit the website |