In February 2020, the IAF launched the updated version of its guidelines on the conduct of arbitration proceedings i.e. the IAF Best Practices Guidelines for Conduct of Arbitral Proceedings 2.0. These guidelines were prepared (and revised subsequently) with a view to provide guidance on evolving best practices in the arbitral process. These guidelines also refer to the use of videoconferencing technologies to undertake activities such as case management conferences, the examination of witnesses, and oral arguments.

 

In furtherance of the same, the IAF is proud to launch the IAF Protocol on Virtual Hearings in Arbitrations (“IAF Protocol”) with a view to lay down guidelines and good practices that parties to an arbitration may choose to follow when conducting virtual hearings (including for oral arguments and trial) through videoconferencing and related technologies.

 

The IAF Protocol has been prepared on the basis of the research of existing international guidelines on the use of technology to conduct virtual hearings in arbitrations that are best suitable for the Indian scenario. Reference has been made to the Supreme Court’s Model Rules for Video Conferencing for Courts 2020, the Seoul Protocol on Video Conferencing in International Arbitration, CPR’s Annotated Model Procedural Order for Remote Video Arbitration Proceedings, the CIArb Guidelines for Witness Conferencing in International Arbitration, ICC Commission Report on Information Technology in International Arbitration, Delos’s Checklist on holding Arbitration and Mediation Hearings in times of COVID-19, the Hogan Lovells Protocol for Use of Technology in Virtual International Arbitration Hearings and pertinent judgments of various High Courts and the Supreme Court of India.

 

The Protocol was launched on 17.10.2020 by Hon'ble Ms. Justice Indu Malhotra, followed by the Expert Discussion on Virtual Hearings. Mr. Divyakant Lahoti was one of the Experts who elaborately participated in the Discussion.