ADGMAC Protocol for Remote Hearings: UAE Arbitration

Amidst the transformation, the Abu Dhabi Global Market Arbitration Centre (ADGMAC) has emerged as a trailblazer in the arbitration field, introducing innovative solutions to adapt to the changing times. Now, how can parties and tribunals adapt to the new normal of virtual proceedings while upholding the principles of fairness and transparency? One such pioneering initiative is the ADGMAC Protocol for Remote Hearings, designed to facilitate seamless arbitration proceedings in a virtual environment. Here is the protocol set:

The Evolution of Arbitration in the UAE

Traditionally, arbitration has been synonymous with in-person hearings, where parties, lawyers, and tribunal members gather in a physical courtroom to present their cases. With global challenges like the COVID-19 pandemic, the necessity for alternative dispute-resolution mechanisms has become increasingly clear. In response to this shifting paradigm, the ADGMAC took proactive measures to ensure that arbitration remains accessible and efficient in the face of adversity.

Remote and Semi-Remote Hearings

The Protocol, introduced in June 2021, serves as a comprehensive framework for conducting remote and semi-remote hearings in international arbitration. It covers various procedural and logistical considerations, focusing on crucial aspects like selecting electronic platforms. The role of participants, and measures to safeguard confidentiality. By providing clear guidelines, the Protocol empowers parties and tribunals to adapt to the new reality of virtual arbitration seamlessly.

Key Considerations for Remote Hearings

At the heart of the Protocol lies a commitment to fairness, cooperation, and good faith. It emphasizes the importance of ensuring the enforceability of arbitral awards and maintaining confidentiality throughout the proceedings. To achieve these objectives, the Protocol outlines several essential components, including:

Structure and Use:

The Protocol supports both merits hearings and case management conferences, providing flexibility to meet the unique needs of each case. To ensure a fair and effective procedure, parties and tribunals are urged to modify the Protocol to meet the particular needs of each arbitration reference.

Choice of Platforms: 

In an era dominated by digital technology, the Protocol recognizes the importance of selecting reliable and secure electronic platforms for remote hearings. It sets forth functional requirements for video-conferencing systems, document management, and real-time transcripts, laying the groundwork for a seamless virtual experience.

Participants and Witnesses

Clear distinctions are made between speakers and attendees, with provisions for objection to participants to uphold the integrity of the proceedings. Special attention is given to the examination of facts and expert witnesses. Measures are in place to ensure their testimony remains confidential and free from external influence.

Confidentiality

Section I of the Protocol emphasizes the importance of maintaining the confidentiality of arbitration proceedings. Parties are required to take all necessary steps to protect the privacy and security of the hearing. Including agreeing on a detailed “cyber-protocol” to address data protection and security concerns.

Recognition and Enforcement

Section T addresses the recognition and enforcement of arbitral awards resulting from remote hearings. To streamline enforcement processes, parties are encouraged to agree in writing that using remote video-conferencing is a fair and acceptable method for conducting hearings.

Pre-Hearing Conference

Importantly, the Protocol provides for a pre-hearing conference to test and ensure the smooth operation of virtual hearing arrangements. This proactive approach helps mitigate potential technological challenges and ensures that the arbitration process proceeds without disruptions.

Semi-Remote Hearings

Recognizing the need for flexibility, the Protocol allows for semi-remote hearings where some participants attend from the same physical location. It discourages arrangements that might compromise procedural fairness, including unequal participation of legal teams or witnesses.

Conclusion

The ADGMAC Protocol for Remote Hearings represents a significant step forward in the evolution of arbitration in the UAE. By embracing technology and embracing change, the arbitration community is paving the way for a more accessible, efficient, and inclusive dispute resolution process.