NEWSLETTER-2020-metin

204 NEWSLETTER 2020 Notable Amendments Following the outbreak of the Covid-19 pandemic, parties in- volved in arbitration proceedings had to make certain changes to adapt to the “new normal.” In this respect, as a result of the increase of the use of technology, provisions were made relating to electronic com- munication, as well as virtual hearings. For example, Article 14.3 pro- vides that contact may be made, “ By a hearing in person, or virtually by conference call, videoconference, or using other communication technology, or exchange of correspondence. ” Another example relates to awards, pursuant to Article 26.2, awards may be signed electroni- cally. Particularly, the primacy of electronic communication has been set out in Article 4.3 of the Rules (unless the parties agree otherwise, and subject to any order the arbitral tribunal may make), and provision has been made as to the how the date of receipt is to be determined. This also includes the submission of the Request for Arbitration and Response electronically, which means that service may be made by email. Accordingly, the commencement date has been defined as the date which the Request is received by the Registrar electronically. Article 19.2 explicitly states that hearings may be held virtually, by conference call, videoconference or using other communications technology with participants in one or more geographical places (or in a combined form). The use of technology is also embedded in the provisions relat- ing to Emergency Arbitrator in Article 9B. Article 9.5 states that an application for the appointment of an Emergency Arbitrator shall be made to the Registrar in writing by electronic means. Although the Emergency Arbitrator is not required to hold any hearing and may decide the claim on available documents, in the event of a hearing, among others, Article 19.2 shall apply. In this respect, Article 14.6 is also notable as the tribunal is ex- pressly empowered to decide on “ Employing technology to enhance the efficiency and expeditious conduct of the arbitration (including any hearing ).” As it is known, the arbitral tribunal is under a general duty to adopt procedures suitable to the circumstances of the arbitra- tion, avoiding unnecessary delay and expense, so as to provide a fair,