Sayfa 561ADVANTAGES AND DISADVANTAGES OF ONLINE HEARINGS IN INTERNATIONAL ARBITRATION…
Dr. Öğr. Üyesi Rumeysa PARTALCI…
ÖZ
Çevrimiçi duruşmaların, klasik şekilde yüz yüze gerçekleştirilen tahkim duruşmaları…
Çevrimiçi duruşmaların, zamandan ve masraflardan tasarruf sağlama konusunda çok avantajlı…
Çevrimiçi duruşmalara bazı yönlerden ise tereddütle yaklaşılmaktadır. Yargılamanın…
Anahtar Kelimeler: Milletlerarası tahkim, Çevrimiçi duruşma, Çevrimiçi duruşmanın…
ABSTRACT…
Compared to traditional face-to-face arbitration hearings, online hearings have some advantages and some disadvantages. This study assesses the advantages and disadvantages of remote arbitration hearings, particularly in comparison to traditional face-to-face hearings. These evaluations are made in line with the opinions in the doctrine and arbitration practice.…
It has been stated that online hearings offer significant advantages in terms of time and cost savings. Additionally, their speed, practicality, simplicity, and convenience are key reasons for their preference. Online arbitration hearings have been used more frequently, especially during the COVID-19 period. It is mentioned that online arbitration hearings ensure uninterrupted proceedings during extraordinary periods such as pandemics and serve the principles of fair trial. Moreover, the reduction in the use of printed materials and the elimination of travel to different locations make the process more environmentally friendly.Online hearings are also viewed with some hesitation. There may be concerns about the confidentiality and security of the proceedings. In addition, internet connection problems and technical glitches are also a major concern. In addition, during the hearing and cross-examination of witnesses, the inability to clearly understand the body language of the person on camera is another issue that is emphasized. All these issues are addressed in the study. It is argued that many of these concerns can be alleviated through preparation before the hearing. In this context, the selection of the rules of institutional arbitration centers on the procedure and principles of online hearings also contributes to the elimination of such concerns and hesitations.…
Keywords: International arbitration, Online hearing, Advantages of online hearing, Disadvantages of online hearing, Right to a fair trial.…
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