Virtual Hearings and Due Process

Presenter: Lucy Martinez, School of Law, UQ

When: 3-4pm, 4 December 2020

Where: Online via Zoom. Join via this link.   

Abstract

During the COVID-19 pandemic, most if not all international arbitration proceedings moved from in-person to virtual hearings, or to a hybrid in-person/ virtual format. With this sudden shift, some losing parties will inevitably seek to set aside arbitral awards, and/or to resist recognition and enforcement, on the basis of alleged lack of due process at the virtual hearing. The paper/presentation briefly explores pre- and mid-pandemic Australian court decisions regarding due process and virtual hearings, in the context of both arbitration and litigation, and sets out certain conclusions based on this jurisprudential review.

Presenter biography 

Lucy Martinez is a part-time lecturer at UQ Law School, teaching International Arbitration, Contracts, and Public International Law. She is also an independent counsel and arbitrator, based in Australia and the UK. For more information, please see Martinez Arbitration.

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