Similar ≠ Equal – a Nuanced Approach to Remote Hearings: A Dutch Perspective

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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 languageEnglish
Pages (from-to)94-110
JournalArbitration: The International Journal of Arbitration, Mediation and Dispute Management
Volume87
Issue number1
Publication statusPublished - 2021

Keywords

  • hearing
  • virtual
  • Electronic cigarette
  • fundamental
  • procedure

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