For arbitrations and trials that are pending and/or are scheduled for the near term, the judges/arbitrators/counsel/parties are now confronting the decision on whether to proceed forward with conducting the proceedings remotely. If they decide to proceed forward, there will naturally be some reluctance to proceed forward. The reluctance is because it is new and unfamiliar. It is because there is a sense that it may be more challenging to evaluate a witness’ credibility and veracity.
There are also technological concerns of virtual hearings — both as to functionality (testing the video/audio connection) and the integrity of the testimony. In this post, I am sharing a contribution from my Pierce Atwood law partner John Bulman, FCIArb who regularly serves as an arbitrator handling construction and commercial cases domestically and internationally. In his post below, John addresses specifically the issue of additional measures that should be considered by arbitrators, attorneys, and witnesses to ensure the integrity of the virtual arbitration process.