Virtual Practice Makes Virtually Perfect – Practical Considerations for Virtual Hearings Identified
through Simulations with Experienced Counsel and Arbitrators
by Julie G. Hopkins* and Daniel Urbas**
Why We Decided to Organize Simulated Virtual Hearings
1. Beginning in March 2020, COVID-19 related restrictions on travel and in-person gatherings halted
the operation of the Courts across North America and, for arbitrations, limited the options available to
participants. With proceedings delayed indefinitely until in-person hearings could resume, participants
could either undertake only limited, non-evidentiary virtual hearings or continue with full evidentiary
hearings virtually – the second option being something with which few participants were experienced or
comfortable. Frequently expressed concerns with virtual evidentiary hearings included that arbitrators
would find it difficult to assess witness credibility by video or counsel would have difficulties crossexamining witnesses particularly if the questioning involved technical issues or a large volume of
documents. Some expressed concern that the solemnity of the process of giving evidence could be lost
on witnesses if they testified from the comfort of their own homes.
