Abstract
This article proposes a nuanced approach to remote hearings, from the perspective of Dutch law. The Dutch Arbitration Act was revised in 2015. It grants an arbitral tribunal the discretionary power to decide that a hearing be conducted ‘by electronic means’. This article challenges the notion that that power is of a mandatory nature. It submits that the power for arbitrators to opt for a remote hearing is limited by fundamental principles of procedural law, the principle of parity, in particular. The article goes on to list relevant considerations in opting for a remote hearing in Netherlands-seated arbitral proceedings and considers this approach to be feasible in the international setting as well.
Original language | English |
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Pages (from-to) | 94-110 |
Journal | Arbitration: The International Journal of Arbitration, Mediation and Dispute Management |
Volume | 87 |
Issue number | 1 |
Publication status | Published - 2021 |
Keywords
- hearing
- virtual
- Electronic cigarette
- fundamental
- procedure