NEWSLETTER-2021

Dispute Resolution in the Digital Age* Prof. Dr. H. Ercüment Erdem Introduction Arbitration has benifited from a great increase in the use of technology which has directly effected the conduct of proceedings. More particularly, with digitalization, the way that we conduct arbitration proceedings has been changed to reflect the current needs of parties, with an aim of increasing time and cost efficiency. In line with these needs, and as a measure against the COVID-19 pandemic, virtual hearings have become common. The general awareness of environmental issues has also been a subject matter discussed in the legal industry. There have been global initiatives, such as the signing of the Paris Agreement on climate change, as well as trends to reduce carbon footprints and so-called “green pledges”. Accordingly, this article deals with (i) virtual hearings (ii) electronic submissions and (iii) the green pledge. Virtual Hearings COVID-19 caused arbitrators, parties, arbitral institutions, and all participants to adapt to new conditions. Virtual hearings are among the tools participants discovered during the pandemic. Various institutions have had different approaches, where some canceled or delayed hearings and some, such as the International Chamber of Commerce (“ICC”), adapted very rapidly and published guidelines, both on the effects of COVID-19 and on virtual hearings to assist its users. The Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic (“ICC Guidance”) is a good example. Besides the ICC Guidance, another important tool is the Seoul Protocol on Video Conferencing in International Arbitrations. * Article of July, 2021

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