NEWSLETTER-2020-metin

193 ARBITRATION LAW also asked to sign the Terms of Reference in counterparts, and in elec- tronic form. The ICC further encouraged parties to agree on electronic notification of the award 11 . Virtual Hearings The ICC Guidance focuses on conducting virtual hearings and conferences, considering travel restrictions and safety considerations, and portrays the issues that should be considered while conducting such virtual hearings. The ICC, throughout its Guidance, underlines that the tribunals should consider cost-effective and expeditious measures. These considerations play an important role in planning hearings. Tribunals, by consulting the parties, and considering the sur- rounding conditions, should determine whether holding an in-person hearing at a single location is essential. If it is imperative, and pos- sible, to hold an in-person hearing, sanitary measures must be taken to minimize risks 12 . However, in cases in which it is not essential to hold the hearings at a single location, the parties and the tribunal could agree to hold a virtual hearing. If this is the situation, there are many procedural aspects that should be considered. Tribunals should be diligent if a party objects to a virtual hearing; such objections can create enforce- ment problems. The Guidance provides that the parties and tribunals consider enacting a “cyber protocol,” and Annex II of the Guidance lists some clauses that may be included in cyber protocols. Such cyber protocols can ensure compliance with applicable data privacy regulations 13 . The Guidance further points out procedural considerations to procure equality between the parties and due process; Annex I lays out a checklist and a draft procedural order for virtual hearings, which includes: • Time zones, start and end of times, and number of days; 11 Guidance, sec. B. 12 Guidance, par. 20. 13 Guidance, paras. 26, 27.