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In view of the health crisis and a potential resurgence of the COVID-19 pandemic, holding the hearing at a distance may be the preferred option for the arbitrators. Because of COVID 19 – but this also applies beyond the current pandemic context – an Arbitral Tribunal should be able to decide to organize/hold hearings by all appropriate means of communication, after consulting with the parties, if and to the extent that the Tribunal has ensured that all aspects and characteristics of a fair trial are guaranteed.
In the light of these elements and in order to ensure the proper conduct of CEPANI arbitration proceedings, Articles 24(3) and 24(4) of the CEPANI Arbitration Rules have been amended and are in force as from July 1st 2020.