Virtual Hearings in Arbitration and Evaluation of Virtual Hearings in the Context of the Right to be Heard and Principle of Equal Treatment
Online or virtual arbitration hearings are those wherein participants conduct the hearing via a digital platform. Virtual hearings are not a new concept for arbitration proceedings. Due to coronavirus disease (COVID-19) and the global pandemic announcement on March 11, 2020, arbitration institutions...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2022-06-01
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| Series: | Public and Private International Law Bulletin |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/CA7F28C4A13A4EACBDE05E00C25F23E3 |
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| _version_ | 1850149003242504192 |
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| author | Atike Eda Manav Özdemir Belkıs Vural Çelenk |
| author_facet | Atike Eda Manav Özdemir Belkıs Vural Çelenk |
| author_sort | Atike Eda Manav Özdemir |
| collection | DOAJ |
| description | Online or virtual arbitration hearings are those wherein participants conduct the hearing via a digital platform. Virtual hearings are not a new concept for arbitration proceedings. Due to coronavirus disease (COVID-19) and the global pandemic announcement on March 11, 2020, arbitration institutions took appropriate measures. Many arbitration centers issued a joint declaration seeking to avoid delays in arbitration proceedings themselves and any other related delays. With this declaration, they invited parties and arbitral tribunalsto use existing arbitration rules and case management techniques appropriately to ensure the consistent and predictable continuity of international arbitration during the pandemic, to continue to hear pending cases, and to avoid unnecessary delays in arbitration processes. There is an undeniable connection between virtual hearings and the right to a fair trial. Under Turkish law, within the right to a fair trial, the right to be heard and the principle of equality of the parties are guaranteed by Article 6 of the European Convention on Human Rights and by Article 36 of the Turkish Constitution. In this context, virtual hearings should be considered in terms of the right to a fair trial. Arbitrators must conduct the proceedings in accordance with the parties’ and concerned others’ right to attend the hearing, the principle of equality, and the parties’ right to be heard. Within this framework, this paper first explains virtual hearingsin general regarding practices of arbitration institutions and then evaluates the effect of virtual hearings on the arbitral award regarding the right to be heard and the principle of equality. |
| format | Article |
| id | doaj-art-fb26261e0efd4d5aaa34e32efdf428c0 |
| institution | OA Journals |
| issn | 2667-4114 |
| language | English |
| publishDate | 2022-06-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | Public and Private International Law Bulletin |
| spelling | doaj-art-fb26261e0efd4d5aaa34e32efdf428c02025-08-20T02:27:05ZengIstanbul University PressPublic and Private International Law Bulletin2667-41142022-06-0142120524810.26650/ppil.2022.42.1.905042123456Virtual Hearings in Arbitration and Evaluation of Virtual Hearings in the Context of the Right to be Heard and Principle of Equal TreatmentAtike Eda Manav Özdemirhttps://orcid.org/0000-0003-3183-0325Belkıs Vural Çelenk0https://orcid.org/0000-0003-0376-0147Ankara Yıldırım Beyazıt Üniversitesi, Ankara, TurkiyeOnline or virtual arbitration hearings are those wherein participants conduct the hearing via a digital platform. Virtual hearings are not a new concept for arbitration proceedings. Due to coronavirus disease (COVID-19) and the global pandemic announcement on March 11, 2020, arbitration institutions took appropriate measures. Many arbitration centers issued a joint declaration seeking to avoid delays in arbitration proceedings themselves and any other related delays. With this declaration, they invited parties and arbitral tribunalsto use existing arbitration rules and case management techniques appropriately to ensure the consistent and predictable continuity of international arbitration during the pandemic, to continue to hear pending cases, and to avoid unnecessary delays in arbitration processes. There is an undeniable connection between virtual hearings and the right to a fair trial. Under Turkish law, within the right to a fair trial, the right to be heard and the principle of equality of the parties are guaranteed by Article 6 of the European Convention on Human Rights and by Article 36 of the Turkish Constitution. In this context, virtual hearings should be considered in terms of the right to a fair trial. Arbitrators must conduct the proceedings in accordance with the parties’ and concerned others’ right to attend the hearing, the principle of equality, and the parties’ right to be heard. Within this framework, this paper first explains virtual hearingsin general regarding practices of arbitration institutions and then evaluates the effect of virtual hearings on the arbitral award regarding the right to be heard and the principle of equality.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/CA7F28C4A13A4EACBDE05E00C25F23E3online/virtual hearingcyber protocolthe right to a fair trialthe right to heardthe principle of equal treatmentsetting aside of an arbitral awardchallenge in enforcementground for refusal of enforcement |
| spellingShingle | Atike Eda Manav Özdemir Belkıs Vural Çelenk Virtual Hearings in Arbitration and Evaluation of Virtual Hearings in the Context of the Right to be Heard and Principle of Equal Treatment Public and Private International Law Bulletin online/virtual hearing cyber protocol the right to a fair trial the right to heard the principle of equal treatment setting aside of an arbitral award challenge in enforcement ground for refusal of enforcement |
| title | Virtual Hearings in Arbitration and Evaluation of Virtual Hearings in the Context of the Right to be Heard and Principle of Equal Treatment |
| title_full | Virtual Hearings in Arbitration and Evaluation of Virtual Hearings in the Context of the Right to be Heard and Principle of Equal Treatment |
| title_fullStr | Virtual Hearings in Arbitration and Evaluation of Virtual Hearings in the Context of the Right to be Heard and Principle of Equal Treatment |
| title_full_unstemmed | Virtual Hearings in Arbitration and Evaluation of Virtual Hearings in the Context of the Right to be Heard and Principle of Equal Treatment |
| title_short | Virtual Hearings in Arbitration and Evaluation of Virtual Hearings in the Context of the Right to be Heard and Principle of Equal Treatment |
| title_sort | virtual hearings in arbitration and evaluation of virtual hearings in the context of the right to be heard and principle of equal treatment |
| topic | online/virtual hearing cyber protocol the right to a fair trial the right to heard the principle of equal treatment setting aside of an arbitral award challenge in enforcement ground for refusal of enforcement |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/CA7F28C4A13A4EACBDE05E00C25F23E3 |
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