The Art and Science of Virtual Proceedings: Shifting the Paradigm in Alternative Dispute Resolution Tribunals

This paper considers the paradigm shift necessitating virtual proceedings following the various institutional guidelines and laws that were instituted at the onset of COVID-19 pronounced and issued by the World Health Organization as well as the Kenyan Ministries of Health and Interior and Coordination of National Government all requiring social distancing and imposing stay at home policies. In some jurisdictions Kenya being one of them, the Courts were initially closed. The Judiciary later put in place upscaling of operations geared primarily towards the use of virtual proceedings in the delivery of judgments and the dispensation of urgent applications. Adapting to online and virtual proceedings within the Alternative Dispute Resolution (ADR) space has been more challenging to track due to the private nature of most proceedings.

However, shared experiences by practitioners and participants in ADR can give an insight into their experiences comparative to the litigation sphere. The writer further chanced upon a Webinar conducted by ICSID entitled The Art and Science of Virtual Hearings which made some very useful contributions to the practical experience of conducting virtual proceedings from the perspectives of the Tribunal, the Counsel and their witnesses1 which she is inclined to share.