Party autonomy during COVID-19; testing the reach of the tribunal’s mandate
Arbitration practitioners and arbitrators around the world are promoting the flexibility of arbitration in response to COVID-19. This includes, not surprisingly, the use of video platforms for case management conferences and evidentiary hearings. Questions of procedure have long been discussed in telephone or video conference, but the switch from in person to video for multi-day hearings involving cross examination, extensive document bundles and oral submissions has prompted debate. Central to this discussion is the extent to which tribunals can impose directions in the face of opposition from the parties.
Against this background, a distinguished panel, moderated by Bronwyn Lincoln, will discuss the intersection of party autonomy with necessity in these unprecedented times.