Covid 19 and Indian Arbitration System: Is Going Virtual the Way Forward?

Kushang and Komal Soni
Himachal Pradesh National Law University, Shimla, India.

Volume III – Issue II, 2021

“Losing your head in a crisis is a good way to become a crisis”- has been rightly stated by C.J. Redwine. The catastrophic effect of COVID-19 can be seen in almost every part of the world. This has certainly changed the lives of millions, their way of working and method of communication. The pandemic has affected the Arbitration procedure of the country as well. These special circumstances require special responses. In the light of this statement, the article focuses on the impact of Covid-19 on Indian Arbitration system. Moreover, the article explores the role of Virtual proceedings in the Indian arbitration environment and the challenges posed by it. The article concludes by giving reasons as to why a mix of both virtual and physical hearing is the need of the hour and has become the ‘new normal’. It is very important to look for other means of justice delivery system as situation like this can either make or break the judicial system of a country, especially India which already faces a large chunk of pending cases in its court. But the steps need to be taken only after proper evaluation of the resources available.

Keywords: Covid-19, New normal, International Arbitral Institutions, Virtual proceedings, Indian Arbitration system.


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