Officials during the virtual seminar on online hearings.
Doha: The Qatar International Centre for Conciliation and Arbitration (QICCA) at Qatar Chamber held yesterday a webinar titled ‘Dos and Don’ts for Online Hearings.
Held in cooperation with the Qatar International Court and Dispute Resolution Centre (QICDRC) and McNair Chambers, the webinar was presided over by President of QICDRC Lord Thomas of Cwmgiedd.
The webinar touched on key developments in practice and procedure on the part of QICDRC and QICCA and was attended by a number of legal consultants and lawyers.
On his part, Lord said that: “There is a growing realisation that, particularly in the current climate, courts must be in a position to hold hearings online. Of course, not only must the courts be in a position to do so, but the participants themselves, whether they be witnesses, lawyers, or judges, must be equipped with the knowledge, capability and access to the required technology, in order to effectively participate. This webinar has helpfully explored, among other things, the ways in which all those involved in contributing to the success of an online hearing can be best placed to do so.”
Dr Minas Khatchadourian, General Counsel at QICCA, said that the recent pandemic has required arbitration institutions, parties, counsel and arbitrators to adapt to the new reality of conducting proceedings virtually in light of travel restrictions and compulsory measures of social distancing, assuring that such proceedings should maintain continuously the balance between the requirements of streamlined proceedings and the respect of due process between the parties.
For his part, Professor Khawar Qureshi, Manager of McNair Chambers Qatar, shared his experience of many Court and international arbitration online hearings he undertook online, instead of face to face due to the COVID-19 pandemic.
Prof. Qureshi stated that the COVID-19 has accelerated the pace of change, compelling many involved in litigation and arbitration to adapt to use of online platforms, noting that even if the technology works seamlessly, online hearings have some disadvantages, not least requiring greater concentration from the Court or Tribunal, as well as the absence of the interpersonal dynamic which exists in a face to face hearing.
Professor Khawar Qureshi said, “Nevertheless, it is inevitable that the “new normal” will entail greater use of such systems for hearings to some extent. In addition to Courts and arbitral institutions, parties and their advocates need to ensure that they adopt best practices. I am delighted to have been able to share some practical insights through the webinar.” he added.
Chris Grout, Registrar at QICDRC, said that online hearings have become a regular feature of litigation, especially in light of the COVID-19 pandemic, indicating that whilst they undoubtedly have their advantages, there do exist pitfalls for the unwary.