国际商事仲裁中远程庭审的问题分析

Issues in Remote Hearings in International Commercial Arbitration

受新冠疫情的影响,远程开庭成为当下许多仲裁庭采取的庭审方式,多家仲裁机构也出台相关指引。尽管远程仲裁在一定程度上能提高案件的效率,缓解疫情带来的影响,但远程庭审也存在诸多争议,例如当事人意思自治与远程开庭之间的冲突、程序正当、保密性与安全性、仲裁地的确认等问题。通过梳理各仲裁机构的仲裁规则、相关指引、以及案例等材料,远程仲裁庭审的适用的确顺应时代需求,在未来具有可适用性,但仍需进一步完善其适用条件、优化远程庭审技术与设备。

by many arbitral tribunals, andseveral arbitration institutions have issued guidelines in this regard.Although remote hearing can, to a certain extent, improve the efficiency ofcases and mitigate the impact of the epidemic, there are also manycontroversies surrounding remote hearings, such as the conflict between partyautonomy and remote hearings, procedural due process, confidentiality, andsecurity, and the confirmation of the place of arbitration. By reviewing thearbitration rules, guidelines, and cases of various arbitral institutions, itis clear that the application of remote hearings is in line with the needs ofthe times and maybe applicable in the future, but further improvement of theconditions for its application and optimization of remote hearing technologyand equipment are still needed.