Roo Patel | Opus2
Hybrid hearings, where some participants attend in person and others join remotely, have moved from being a contingency to an established feature of modern arbitration practice. Given recent technology advances and the realities of global participation, they offer a flexible alternative to fully in-person proceedings.
A hybrid approach can deliver meaningful benefits to the hearing as a whole. For example, hybrid formats make it easier for parties, counsel, and witnesses in different jurisdictions or with personal constraints to contribute to the proceedings without the need for long-distance travel. This flexibility can lead to considerable cost savings by reducing travel, accommodation and venue-related expenses especially in cases involving large teams or multiple expert witnesses. Additionally, fewer flights, less ground transportation, and more efficient use of facilities help lower the proceeding’s carbon footprint.
However, many teams still make hybrid hearing arrangements at the last minute based on unexpected changes in availability, travel feasibility, and venue capacity. Reactive planning can increase costs, limit the ability to work with preferred providers and venues, and raise other logistical complications. The key to avoiding these pitfalls lies in recognising the signs early, incorporating hybrid considerations into initial planning, and making the necessary arrangements well in advance.
Six signs that you may require a hybrid hearing
Parties rarely choose a hybrid hearing format at the outset; the circumstances that mandate a hybrid approach may emerge midway through preparations or even at the last minute. Identifying these triggers early, or even raising the format at the first procedural hearing, can transform the hybrid hearing experience from reactive problem-solving to a carefully orchestrated process that safeguards efficiency, cost-effectiveness, and procedural fairness.
1. Witnesses or experts in different time zones
Virtual testimony may be the most practical solution for witnesses or experts based overseas or in a time zone significantly different from the hearing venue. Hybrid works especially well for short evidence segments where travel costs and the risk of travel disruption are disproportionate.
2. Constraints for participants
Visa delays, medical problems, and travel restrictions can hamper in-person participation. The same applies when availability is limited: a sought-after expert may be scheduled to give evidence in several hearings within the same week, or a venue’s only available dates may clash with other commitments. Hybrid participation enables critical testimony without disrupting the broader timetable.
3. Involvement of interpreters or transcription services
Essential services, such as interpretation or transcription, may necessitate a hybrid setup. Integrating simultaneous interpretation for virtual attendees demands careful technical planning to ensure that interpreters, whether in the room or remote, can hear and interpret accurately without delays.
4. Proceedings spanning multiple weeks
Proceedings expected to span multiple weeks often benefit from enabling “passive” participants, such as client representatives and wider case team members, to follow the hearing remotely. Hybrid participation ensures continuity without requiring extended absences from other responsibilities.
5. Venue capacity limitations
In high-profile or large-scale arbitrations where attendance may exceed the venue’s capacity, secure video links to overflow rooms or remote participants accommodate all stakeholders.
6. Tribunal direction
Procedural orders increasingly address participation methods at an early stage. Some tribunals explicitly encourage hybrid solutions where they support fairness, proportionality, and efficiency.
Planning for hybrid arbitration hearings
Parties often postpone decisions about hybrid hearing arrangements until procedural matters have been clarified, or the likelihood of settlement has diminished. However, this approach carries risks. Venues equipped for arbitration are often reserved many months in advance, and the technical arrangements needed for hybrid participation are best addressed alongside venue selection, not after.
Early planning provides time to assess participants’ needs and to ensure that the venue and remote locations are properly equipped. Practical considerations may include:
- Raise hybrid participation with the tribunal and confirm any institutional or procedural requirements as soon as possible.
- Identify remote participants to assess their technical needs and preferences.
- Secure technical support and engage a virtual hearing provider in line with your requirements.
- Join test sessions so that all participants can familiarise themselves with the technology and protocols.
- Confirm additional or specific requirements with the virtual hearing provider.
A structured approach can make the difference between a seamless hybrid hearing and one beset by avoidable complications.
Quick tips for a seamless hybrid hearing
Even with careful planning, the smooth execution of a hybrid hearing depends on meticulous preparation in the days and weeks beforehand. While each hearing will have its own procedural and technical nuances, the following best practices can greatly reduce the risk of disruption.
- Select a venue with proper infrastructure
Ensure the venue is private and secure, has a reliable high-speed internet connection, is free from background noise, and has sufficient space for equipment such as cameras, display screens, and microphones. - Classify participants as “active” (speaking) or “passive” (listening or observing)
Participant status may affect microphone placement, display arrangements, and bandwidth allocation. - Consider requirements for participant hubs
It might be useful and more practical to group some participants into designated hub locations to increase efficiency and ease collaboration. - Use a dedicated platform designed for legal proceedings
General videoconferencing tools may lack features required for arbitration hearings, such as secure breakout rooms, participant authentication, simultaneous interpretation and controlled document sharing. - Conduct at least one test call with all remote participants
Advance testing can identify and resolve potential issues with hardware, software, or connectivity before the hearing begins. - Provide clear written instructions in advance
Instructions should cover ways to access the hearing platform, list what equipment is required, and establish a protocol for raising questions and seeking technical assistance during proceedings. - Have live technical support available
A dedicated technician can respond immediately to connection problems, freeing case teams and the tribunal to focus on the hearing’s substance. - Establish contingency plans
Having a backup device, a dial-in number, or an alternative platform can ensure continuity of proceedings in the event of connectivity loss. - Make all documents digitally accessible
Shared access to an organised, secure online document repository enables participants, whether in the room or online, to follow references and exhibits in real time.
Real-world hybrid arbitration example
While the advantages of hybrid hearings are obvious on paper, their value is most clearly demonstrated in practice. This recent case illustrates how early adoption of hybrid arrangements can resolve otherwise significant logistical challenges and ensure that proceedings run efficiently without compromising fairness or participation.
A recent arbitration between a construction company and a consortium of suppliers was scheduled to take place in person in London for 6 days with all arbitrators, counsel, and witnesses expected to attend the London venue. The parties booked a hearing room which included AV equipment.
Two key expert witnesses were engaged in ongoing international projects in remote locations and travel to London would require a three to four week commitment each, including transit and accommodation. Rescheduling was not feasible because the hearing date was critical to meet contractual deadlines for the construction project.
The Tribunal agreed to a hybrid format which was easily accommodated given the venue booking included a hybrid set-up from the outset. Those who were able to attend in person as planned did so and the expert witnesses with scheduling conflicts were able to join remotely via secure video link integrated into the hearing set-up at the venue.
Having the right technology and support in place form the start meant that these experts were able to provide their testimony remotely while participating fully in cross-examination and crucially the hearing proceeded as scheduled without delays.
Planning for success
While any organisation can arrange a video conference, the nuanced demands of a hybrid arbitration benefit from careful oversight and dedicated support. Once the decision has been made to adopt a hybrid format, delegating the operational aspects to experienced coordinators enables counsel and tribunal members to focus on the merits of the case.
Before you plan your next hybrid arbitration, download our virtual hearing checklist to help your team ensure your next hearing runs seamlessly.
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 888.684.8305, or email experts@adviseandconsult.net.