155 ARBITRATION LAW the award. This issue can arise especially if parties do not want to hold a virtual hearing, or if one of them does not and an arbitral tribunal decides to do so anyway. An arbitral tribunal can decide to hold a virtual hearing even if the parties do not agree; in this case, the arbitral tribunal when making a decision should consider the circumstances and make sure that equality of the parties and due process is ensured. There are benefits of virtual hearings, but these do not come without concerns. It is fair to say that overall, the experience has been very positive for most participants, and the demand for conducting virtual hearings is increasing. All participants have learned from the procedural deficiencies and have gained experience. Major concerns that capture attention are ensuring due process, difficulty in giving oral submissions and cross-examining witnesses, cybersecurity, and data protection. Due process is a concern, as it can be more difficult to ensure equality between the parties in a virtual hearing. For example, if an arbitrator does not pay attention to the time zones of the parties, it risks creating a privilege for one of them. Therefore, utmost diligence should be paid to every detail. Practitioners are also adapting and learning new techniques for giving oral submissions and cross-examination. With the decreased use of gestures and eye contact, the sequence of questions directed to witnesses as well as the usage of demonstrative exhibits will play an important role in virtual hearings. The technical infrastructure is also vital: slow internet connections or lack of technical support may result in due process concerns. Experience shows that parties may be inclined to turn off their cameras during the hearing because of a slow internet connection, which can raise questions as to the identification of the person testifying. With experience and more detailed regulations, guidelines, and notes published by arbitral institutions, procedural obstacles may be overcome and the conduct of efficient virtual hearings will undoubtedly increase. Electronic Submissions It is safe to say that digitalization of arbitration and the use of Information Technology (IT) solutions shall inevitably contribute to a greener arbitration. A report dealing with Information Technology in
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