Fair Conditions in Remote and Hybrid Hearings

Event Information

In this third of a series of roundtable webinars for members of the CIArb London Branch, Ian Gaunt and Philippa Charles will each make short (5 minute) presentations and then lead what we are sure will be a lively and informative discussion among all attendees. Rules of Play apply (see below).

1. The end of the pandemic is in sight and soon we will be allowed to travel again but we all agree that remote and hybrid hearings are here to stay. How can we ensure fair treatment of parties taking into consideration such questions as different time zones, WiFi connections and different IT prerequisites and other requirements necessary for all stakeholders in an arbitration?

2. How should the Tribunal handle remote hearings when one party objects, or if witnesses and experts refuse to give evidence remotely? Must the tribunal be all together in person or all remote? What are the perspectives of the different stakeholders?

Ian Gaunt (Speaker) is a full time Arbitrator in international maritime cases and Immediate Past President of the London Maritime Arbitrators Association. Ian is a graduate of Cambridge University, a barrister (non-practising). He is a member of the Baltic Exchange, a member of the Board of Maritime London and a member of the arbitration panels of China Maritime Arbitration Commission, Shanghai Arbitration Commission and Shanghai International Shipping Institute. He has been actively engaged as an arbitrator in cases involving international shipbuilding and ship sale and purchase disputes since 2008. He is the co -author, with Simon Curtis and William Cecil, of the 5th edition of The Law of Shipbuilding Contracts (published May 2020).

Philippa Charles (Speaker) is Head of International Arbitration at Stewarts Law LLP. Philippa specialises in complex and high-value cross-border arbitration disputes and has 20 years’ experience of proceedings before the major arbitral institutions. She has acted for clients including major global corporations in the aviation, pharmaceutical, power, and oil and gas industries. She is a Solicitor - Advocate and also sits as an arbitrator

Nick Stewart QC FCIArb is a barrister now practising as an independent arbitrator and mediator in commercial and sporting disputes. He is a Deputy High Court Judge, an arbitrator at the Court of Arbitration for Sport, Lausanne, and an Honorary Pr ofessor of Law at Leicester University. He is Vice-chair of the CIArb London Branch Committee.

Daniel Djanogly FCA FCIArb CArb is a Partner at BTG Advisory LLP part of the Begbies Traynor Group. He is a forensic accountant, expert witness, expert determiner, and Chartered Arbitrator. He specialises in accounting, financial and valuation issues in complex business-related disputes, and fraud. Daniel is a Committee Member of the CIArb London Branch.

Karina Albers FCIArb (Moderator) is a full-time commercial arbitrator and mediator based in the United Kingdom. Her career hitherto as derivative trader, chartering manager, broker, agent, expert and consultant enables her to service an ever-increasing complex and diverse world of disputes. She is an accredited expert at the Federal Court of New York and acted as expert in leading cases in London, New York and Singapore and she acts as NGO representative at the United Nations Commission on International Trade Law (UNCITRAL). Ms Albers is also a Committee Member of the CIArb London Branch, on the panel of the GMAA, SCMA and an aspiring full member of the LMAA.

Rules of Play: 1) Chatham House Rules will apply. 2) During the course of each topic discussion, attendees may submit to the Moderator (by the electronic means to be provided) a brief outline of their intended contributions. Contributions may include responses to contributions by others. Submissions made before the discussion will not be accepted. 3) The Moderator will choose from the contributions and those invited will speak and appear by video. In the time available, and to allow for contributions from the presenters, it is possible that not all wishing to speak will have the opportunity. 4) Contributions should be brief, and the Moderator may exercise editorial control to keep the discussion moving along.