Two King & Spalding attorneys were one week into a two-week arbitration hearing when New York City shut down due to the coronavirus pandemic. They learned valuable lessons from continuing the hearing via video and share their experience and some tips.
Zoom vs. Alternatives: Zoom, a highly-popular video conference platform, is an inexpensive and effective means of conducting virtual hearings. It allows many individuals to participate, and the arbitral tribunal and speakers are visible to all participants. Screen sharing can be used to display exhibits, demonstratives, and PowerPoint presentations. Note, however, that the party initiating the meeting must have an upgraded Zoom account to utilize many features, included organizing extended meetings and virtual break-out rooms. Moreover, there have been security and privacy concerns about Zoom that are currently being investigated.
Test the Technology: To ensure a smooth first day of the hearing, the parties, witnesses, tribunal, and court reporter should test the technology in advance. Witnesses will need to ensure they have cameras on their computers. Most importantly, everyone will need strong and reliable internet connections—particularly the tribunal, witnesses, court reporter, attorneys, and client representatives directly involved in the proceedings.
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