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Navigating the world of virtual arbitration – Best practices

Speaker, Sonali Mathur kick started the session by asking the participants their experiences with their respective virtual hearings’ experiences. The case of State of Maharashtra vs Praful Desai 2003 4 SCC 601 was then referred to by the speaker. She also touched upon the 2014 Law Commission Report that even talked about adopting telecommunication and video conferencing for efficient Arbitration proceedings.

The discussion progressed towards the Ad Hoc Arbitrations in India and various international rules like LCIA, UNCITRAL, and ICC Rules 2021 that have allowed video conferencing as a medium for hearing.

The speaker then suggested a combined reading of Sections 18,19 (3), and 24 of the Act. Later, Capic vs Ford Motor Company of Australia Limited dealing with various issues with respect to virtual hearings, was cited by the speaker.

The session concluded with a quick discussion on the Foxit Phantom’s Soul Protocol on Video Conference and the speaker also showed the sample templates for pre-dispute agreements, term references, and first procedural order.

Resource Person

Sonali Mathur

Course Director

Partner, AZB & Partners