October 25, 2021
AIAC Protocols on Virtual Arbitration Proceedings (VAP Protocol) and Virtual Mediation Proceedings (VMP Protocol)
The Asian International Arbitration Centre (“AIAC”) is pleased to announce the release of its Protocol on Virtual Arbitration Proceedings (VAP Protocol) and the Protocol on Virtual Mediation Proceedings (VMP Protocol).
The AIAC VAP and VMP Protocols seek to assist users and equip them with the know-how in navigating through the conduct of virtual hearings in their arbitrations and mediations. The AIAC VAP and VMP Protocols are comprehensive and are catered not just for those who are accustomed to the conduct of virtual hearings but also those who are considering virtual hearings. Both Protocols are divided into two parts, with Part I specifying the provisions intended to govern the conduct of virtual hearings, and Part II, containing the Guide to the Protocol as well as points for consideration by the Parties and the Arbitral Tribunal or Mediator when conducting a virtual hearing.
Some of the key features of the AIAC VAP and VMP include:
- comprehensive definitions of key terms commonly used in virtual hearings;
- detailed provisions on the platform and technology to be used, to ensure equal accessibility and fairness to all Parties;
- extensive guidelines that not only cover full virtual hearings but also hybrid hearings;
- broad provisions on the taking of evidence in virtual hearings;
- detailed contingency plans and guidance to address issues that may arise in virtual hearings;
- complete list of virtual hearing etiquette for all parties involved; and
- comprehensive guidelines on the process and procedure of virtual hearings, from the initial booking to test runs and the actual virtual hearings.
In addition to the above, the VMP also contains a flowchart which may serve as a useful guide to Parties and the Mediator in the conduct of virtual mediation proceedings.
The VAP and VMP may be adopted in whole or in part to govern the conduct of virtual hearings. The Parties and the Arbitral Tribunal or Mediator may also vary or use the VAP and VMP as a guideline in developing their own procedures.
The AIAC Protocol on Virtual Arbitration Proceedings (VAP Protocol) and the Protocol on Virtual Mediation Proceedings (VMP Protocol) may be accessed here.
TAN SRI DATUK SURIYADI BIN HALIM OMAR
ASIAN INTERNATIONAL ARBITRATION CENTRE