Smart Solutions And Mediations with the Hybrid Hearings
With 65 percent citing more hearing dates, 58 percent citing greater efficiency through technology, 55 percent citing greater procedural and logistical flexibility, and 34 percent citing less environmental impact compared to in-person hearings as examples of the advantages of virtual hearings, among other things, the survey found. 40 percent of those polled mentioned difficulties with time zones and difficulties in hearing client-attorney conversations as their top two worries when it comes to downsides.
Understanding of the Hybrid Hearings
At least 38 percent were worried about how to deal with witnesses and keep them credible, while 35 percent were worried about technical malfunctions and eye strain. One-third of those who voted were concerned about the security and secrecy of virtual arbitration. More than two-thirds and one-fifth of people who participated in the survey said that it was difficult to understand arbitrators and other participants, respectively. In addition, 11 percent of respondents expressed worry about ethical or procedural issues, and 8 percent expressed concern regarding award enforcement with Hybrid Hearings.
An online survey clearly demonstrates the popularity of virtual arbitrations, which detractors of the practice have often depicted as a pariah. The need for innovation is greater than ever before, according to experts. It’s now obvious that Malaysia has unwittingly shot itself in the foot by pretending to be pro-arbitration.
Procedures for arbitration are regulated by the following framework: In conflict resolution, this is the most important concept
The legal framework that is relevant to a potential arbitration may be used to provide a sound foundation for the arbitration. It is essential that the arbitration provision or agreement be designed with the individual interests of each party in mind when deciding on the governing/procedural law, contract law, and the venue of the arbitration hearing. For the sake of improving the country’s ease of doing business rankings and positioning Malaysia as a growing center for alternative dispute resolution, Malaysia has made substantial progress in establishing its own procedural framework The Malaysian arbitral system, which is currently being developed, may take a lot of cues from these non-binding instruments of soft law.
Two examples of best practices are Covid-19 and arbitral best practices
As soon as the Covid pandemic started spreading, governments and organizations who support the rule of law understood the need to construct virtual hearings and acted with the utmost compassion. Half of a dispute can be resolved by selecting an arbitral institution that includes features such as electronic document filing, live help desks, and a panel of emergency arbitrators as well as experts in various fields as well as protocols for online dispute resolution as well as cybersecurity policies. With the help of third-party management services like those provided by Maxwell Chambers, such as those for the Singapore International Arbitration Centre and the World Intellectual Property Organization (WIPO), many of these institutes have met their logistical needs through the use of curated meeting rooms, breakout spaces and other amenities.
Timely case management conferences for process definition and venue selection are the cornerstones of a successful arbitral hearing. Malaysia must provide incentives for the development of platform-based technologies since a need is the mother of innovation. It is being experimented with in the Make in Malaysia and Digital Malaysia programs by the government. If you’re planning an online meeting, good meeting etiquette mandates that you take the parties’ different time zones into account when choosing a time, provide enough notice, offer a list of attendees, and stick to the agenda.