Use of expertise in arbitration in Hong Kong SAR
From its present amenities and assist, Hong Kong Worldwide Arbitration Centre (HKIAC) has been forward of the curve to supply sufficient help to events in digital hearings. HKIAC launched a digital listening to suite on 1 August 2020 with complete amenities together with a multi-camera system, cellular show screens and wi-fi microphones. The suite is ready to deal with dozens of linked gadgets and supply a closed community that protects towards unwarranted interception of video feeds.
The video-conferencing facet of digital hearings may be very nicely taken care of, whereas the usage of on-line case administration assist is a comparatively new providing by the HKIAC.
HKIAC encourages the usage of an internet repository system, to the extent that that is recognised and embedded in Article 3.1(e) of the 2018 HKIAC administered rules. This permits the usage of any secured on-line repository that’s agreed by events to function a recognised medium for service of written communication to the events and arbitrators.
HKIAC additionally provides its personal on-line case administration platform referred to as HKIAC Case Connect. Case Join just isn’t solely a platform for the storage of paperwork used within the arbitral proceedings but additionally has features which permits events and the tribunal to speak and monitor deadlines. From a cybersecurity perspective, the platform provides banking-level encryption, 99% uptime and steady monitoring.
Case Join is on the market for all HKIAC administered arbitrations and people during which HKIAC gives ongoing administrative assist reminiscent of fundholding providers.
Events in advanced or document-heavy disputes reminiscent of expertise arbitrations ought to undertake a case administration platform, reminiscent of Case Join, and in addition take into account agreeing an e-bundles protocol to make sure paperwork from either side are constant by way of format. For instance, searchable PDFs have to be used; pagination have to be pc generated however not handwritten; every PDF ought to be separated by part, web page quantity and bookmarks; and e-bundles ought to be delivered through a cloud-based hyperlink or within the platform, quite than in a collection of emails.
Use of expertise in courtroom proceedings in Hong Kong SAR
Hong Kong SAR now has supportive guidelines on the usage of expertise in courtroom proceedings.
In Could 2022, new guidelines on ‘use of E-bundles within the Industrial Court docket’ in Hong Kong SAR got here into impact, setting instructions to supply steerage to courtroom customers on the preparation and use of e-bundles in order to attain consistency and to minimise the bills concerned.
There’s a set of General Guidelines for Preparing Electronic Bundles in Portable Document Format (EBPDF) (tips), which specify the precise provisions that each events must comply with when offering digital proof, the format of digital proof, the digital specs required for submitting such proof, and the precise steps to be taken. Events ought to comply with these guidelines except in any other case directed by the courtroom.
The rules additionally present video directions on utilizing e-bundles in courtroom, digital proof and exhibit handing.
Additional steerage on the usage of expertise in proof is about out within the courts’ Digital Evidence and Exhibit Handling policy (DEEH). DEEH permits for digital doc dealing with, the broadcasting of digital proof reminiscent of movies or pictures in a courtroom, and annotation of digital paperwork throughout witness testimony. The broadcasting perform consists of displaying e-bundle pages on linked screens or the bodily objects on a visualiser. That is notably helpful for technical claims the place events must seek advice from photos or movies to show the breach reminiscent of copying claims in IP infringement. DEEH additionally helps copying digital reveals for authorized representatives or events throughout courtroom proceedings for listening to preparation and annotating the file as an exhibit. This may help the courtroom when reviewing the proof earlier than it.
With the courtroom’s purpose at hand down judgments inside six months after the conclusion of a listening to not exceeding 15 days within the Court docket of First Occasion, and inside 9 months after the conclusion of a listening to of 15 days or extra, adoption of technological means and additional progressive measures will little question imply the courtroom’s time can be utilized extra successfully.