Arbital Proceedings Configuration and COVID-19 Pandemic; Evaluation of Success and Shortcomings - Europe, USA and Canada

Abstract

Arbitration serves as a dispute resolution mechanism for commercial disputes. The COVID-19 pandemic seriously affected the arbitration proceedings thereby making the proceedings to be done virtually. The work is based on the relative arrangement of the arbitral proceedings and COVID-10 pandemic evaluation of the success and shortcomings using USA, Europe and Canada as case study. This article reflects on the shortcomings and successes of arbitral proceedings during and post-COVID. The article discovers that without remote and virtual proceedings, arbitration would have been wrecked by the COVID-19 pandemic if not for the usage of modern technology. Virtual proceedings were successful globally with usage of various applications of software which navigates the proceedings and brings parties together

It concludes that various arbitration institutions in many jurisdictions adopted very fast and efficient methods of resolving arbitration proceedings virtually. The effect of COVID-19 had led to a quicker and more efficient way of resolving arbitration, although with some shortcomings. It therefore recommends that usage of technology via virtual process and proceedings should be more solidified.

Keywords: Virtual proceedings, COVID-19 Pandemic, Arbitral tribunal, Award