Beautiful Virgin Islands

Tuesday, Jun 24, 2025

Coronavirus lockdown a call for Hong Kong courts to radically rethink hearings

A High Court judge recently presided over Hong Kong’s first telephone hearing
The judiciary and arbitration centres must build on this initiative, which will reduce the cost of assembling participants in one place

Mr Justice Russell Coleman is to be congratulated on hearing an urgent matter on the telephone while the courts in Hong Kong are closed due to the global coronavirus risk. I hope the Hong Kong Judiciary will build on this initiative for both civil and criminal cases.

I have been puzzled for many years as to why more use is not made of modern technology when it comes to hearings in court, in arbitration or before tribunals.

In arbitration where parties, witnesses, counsel and arbitrators come from different jurisdictions, the cost of assembling all participants in one place is very expensive. Much complaint today is made of the cost of legal proceedings, whether arbitration or litigation, and I believe part of this cost can be saved by a more sensible use of video hearings.

Similarly, in civil litigation there are many procedural hearings that do not warrant attendance in person that could be dealt with by video or telephone.

I think the problem is greatest in international arbitration, of which Hong Kong is a major centre. I have arbitrated many disputes where the cost of gathering everyone in one room for days has been enormous. I have found a reluctance among lawyers to agree to the use of video hearings apart from for mere procedural matters. Such an attitude seems to me to defy a cost-benefit analysis.

In an age where artificial intelligence will soon be commonplace, technology must exist to make video hearings almost as good as face-to-face hearings. Many arbitration centres, such as the Hong Kong International Arbitration Centre, offer alternative solutions such as video conferencing.

However, the problem lies with the weakest link in the hook-up. More needs to be done to explore existing technologies that are known to be secure and reliable. We need to still better harmonise this technology and adapt it to the needs of arbitration hearings.

Another problem is that of time zones. This is not something that can be changed, but certainly there are many instances where reasonable times could be found to deal with certain issues.

The situation we face today is an opportunity for radical change. We need to change the way we conduct a wide range of meetings as well as hearings. Perhaps now is time for a technology pact whereby the arbitral tribunal, institutions and parties commit to considering the use of telephone or video conferencing for any hearing that would otherwise be held in person.

Mr Justice Coleman took a sensible and pragmatic approach, and I hope the judiciary and arbitration centres as well as those appearing in arbitration will take many leaves out of this book.

We need to get the message across that despite the current difficulties, we are open for business as usual and that travel to Hong Kong is not the only way to conduct business in and with Hong Kong.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Airlines Evaluate Flight Cancellations Amid Escalating US-Iran Tensions
Starmer Invites Innovators to Join Government Talent Scheme
UK Economy’s Strong Opening Quarter Shows Signs of Cooling
Harrods Seeks Court Order to Secure Al Fayed Estate for Victims
BA and Singapore Airlines Cancel Dubai Flights Amid Middle East Tensions
Trump Faces Backlash from MAGA Base Over Iran Strikes
Meta Bets $14 B on Alexandr Wang to Drive AI Ambitions
WATCH: Israeli forces show the aftermath of a massive airstrike at Iran's Isfahan nuclear site
FedEx Founder Fred Smith, ‘Heart and Soul’ of the Company, Dies at 80
Chinese Factories Shift Away from U.S. Amid Trump‑Era Tariffs
Pimco Seizes Opportunity in Japan’s Dislocated Bond Market
Labubu Doll Drives Pop Mart to Status as China’s Most Valuable Toy Maker
Global Coal Demand Defies Paris Accord Goals
We have new information and breaking details to share about what is shaping up to be a historic air campaign tonight
Six Massive Bombs Dropped on Fordow; Trump: 'A Historic Moment for the U.S., Israel, and the World'
Fordow: Deeply Buried Iranian Enrichment Site in U.S.–Israel Crosshairs
United States Conducts Precision Strikes on Iran’s Nuclear Sites
US strikes Iran nuclear sites, Trump says
Pakistan to nominate Trump for Nobel Peace Prize.
BBC Demands Perplexity AI Immediately Stop Using Its Content
Telegram Founder: I Will Leave My Fortune to Over 100 of My Children
Political Turmoil Resurfaces in Belgium Amid Economic Concerns
Fed policymakers divided on timing of interest rate cuts
Trump signals imminent agreement with Harvard University
Inheritance tax referendum alarms Swiss billionaire community
Japan cancels bilateral security meeting amid US defence demands
AI skeptic Emily Bender warns that ‘the emperor has no clothes’
Israel Confirms Assassination of Quds Force Commander in Tehran
16 Billion Login Credentials Leaked in Unprecedented Cybersecurity Breach
Senate hearing on who was 'really running' Biden White House kicks off
Iranian Military Officers Reportedly Seek Contact with Reza Pahlavi, Signal Intent to Defect
FBI and Senate Investigate Allegations of Chinese Plot to Influence the 2020 Election in Biden’s Favor Using Fake U.S. Driver’s Licenses
Vietnam Emerges as Luxury Yacht Destination for Ultra‑Rich
Plans to Sell Dutch Embassy in Bangkok Face Local Opposition
China's Iranian Oil Imports Face Disruption Amid Escalating Middle East Tensions
Trump's $5 Million 'Trump Card' Visa Program Draws Nearly 70,000 Applicants
DGCA Finds No Major Safety Concerns in Air India's Boeing 787 Fleet
Airlines Reroute Flights Amid Expanding Middle East Conflict Zones
Elon Musk's xAI Seeks $9.3 Billion in Funding Amid AI Expansion
Trump Demands Iran's Unconditional Surrender Amid Escalating Conflict
Israeli Airstrike Targets Iranian State TV in Central Tehran
President Trump is leaving the G7 summit early and has ordered the National Security Council to the Situation Room
Taiwan Imposes Export Ban on Chips to Huawei and SMIC
Israel has just announced plans to strike Tehran again, and in response, Trump has urged people to evacuate
Netanyahu Signals Potential Regime Change in Iran
Juncker Criticizes EU Inaction on Trump Tariffs
EU Proposes Ban on New Russian Gas Contracts
Analysts Warn Iran May Resort to Unconventional Warfare
Iranian Regime Faces Existential Threat Amid Conflict
Energy Infrastructure Becomes War Zone in Middle East
×