Sheikh Dr. Thani bin Ali Al Thani and other officials participating in a webinar on online arbitration.
Doha: Qatar International Center for Conciliation and Arbitration (QICCA) Board Member for International Relations, Sheikh Dr. Thani bin Ali Al Thani said that arbitration centers have succeeded, in cooperation with arbitral tribunals, dispute parties and advocates, in creating a means for holding online hearings and pleadings using high-tech and advanced equipment.
This came during a seminar titled ‘The Challenges of Online Arbitration and their compatibility with Regulation and Systems of the GCC Commercial Arbitration Center’ held virtually, yesterday.
The webinar touched on the challenges facing online arbitration and was attended by officials of GCC commercial arbitration centers.
Sheikh Thani, who also presided over the webinar, said that the need for holding online hearings will meet the needs of stakeholders, indicating that they are corresponding with the in-person pleadings in terms of listening to witnesses and questioning them, discussing experts and providing an opportunity for each party to present his lawsuit, arguments, and evidences.
He noted that the arbitration award will be issued accordingly online and sent to all parties, stressing that this saves a lot of time and expenses for all parties.
Sheikh Thani also pointed out that due to the challenges of the spread of COVID-19, a lot of arbitration cases were about to be closed without reaching a settlement, however, this forced arbitration centers to resume their activities remotely, and develop alternative methods for registering cases, sending and receiving notes and other documents by electronic means.
Amid the pandemic, the global and Arab arbitration centers and institutions, as well as in GCC states, have been operating at full capacity remotely and have issued instructions regarding the modern online and audio technologies that arbitral tribunals can use in implementing arbitration procedures based on the rules of arbitration centers.
On his part, lawyer and international arbitrator Dr. Hassan Radhi said that the exceptional circumstances imposed by the Covid-19 pandemic and the precautionary measures applied by world countries have prevented the holding of arbitration sessions, either due to social distancing measures or restrictions on travel, noting that experts describe that these circumstances as force majeure.
He indicated that if the parties do not agree to hold the arbitration sessions online, the arbitrator may take measures to ensure the progress of the arbitration process under the current exceptional circumstances.
Dr. Hassan Arab, the partner and Regional Head of Dispute Resolution at Al Tamimi & Company law firm, noted that Gulf countries succeeded in using online arbitration thanks to their sophisticated digital infrastructure.
The webinar issued many recommendations including the expansion of using more secured electronic communication platforms in holding online arbitration sessions, setting up a regulatory framework for the requirements that must be met in online arbitration, and amending arbitration rules to keep pace with technological developments.
