PROTOCOL ON

VIRTUAL
ARBITRATIONPROCEEDINGS(VAP PROTOCOL)AND GUIDETO THE AIAC
VAP PROTOCOLPROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

Table of Contents
INTRODUCTION .......................................................................................................... iv
PART I: VAP PROTOCOL ............................................................................................. 1
1.

Applicability and Scope ................................................................................... 1

2.

Guide And Definitions ..................................................................................... 1

3.

Agreement for VAP ......................................................................................... 44.

VAP Conduct................................................................................................... 5
4.1.

General Provisions ...................................................................................... 5

4.2.

Venue........................................................................................................... 7

4.3.

Participants Permitted at the Venue during the VAP .................................. 9

4.4.

Test Run ....................................................................................................10

4.5.

Witness Examination .................................................................................10

5.

VAP Etiquette ................................................................................................13

6.

Document Referencing .................................................................................14

7.

Recording and Confidentiality of the VAP ....................................................15

8.

No Liability.....................................................................................................16

Schedule 1 - Undertaking of Confidentiality, Privacy and Security.............................18
PART II. GUIDE TO THE AIAC VAP PROTOCOL .....................................................19
I.

Arbitral Tribunal’s Consideration ..................................................................19

II.

AIAC VAP Online Booking Form ..................................................................19

III.

AIAC VAP Protocol .......................................................................................20

IV.

Suitability of VAP ..........................................................................................20

V.

VAP Platform.................................................................................................21VI.

Test Run........................................................................................................22

VII.

Attendees ......................................................................................................23

VIII.

Breakout Rooms ...........................................................................................23

IX.

Screensharing ...............................................................................................24

X.

AIAC IT Support Specialist ...........................................................................24

XI.

Tribunal Secretary.........................................................................................24

XII.

Venue IT Support Specialist .........................................................................25

XIII.

Host of VAP...................................................................................................25

XIV.

Recordings of VAP........................................................................................25i

PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLXV.

Electronic Presentation of Evidence .............................................................26

XVI.

Declaration ....................................................................................................26

XVII. Ex Parte Communications ............................................................................26
XVIII. Procedural Irregularities................................................................................27
XIX.

Tips and VAP Etiquette .................................................................................27

General Tips .........................................................................................................27
Before and/or During VAP ....................................................................................30
During VAP ...........................................................................................................32

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLINTRODUCTION

Part I contains the AIAC Protocol for Virtual Arbitration Proceedings (AIAC VAP
Protocol), which is intended to govern the conduct of VAP. Parties and Arbitral
Tribunals may adopt such in whole or in part. When considering whether to adopt the
AIAC VAP Protocol, Parties and Arbitral Tribunals should read Part II as well as the
AIAC’s online booking form. If adopted, such shall be enforceable on the Parties andthe Arbitral Tribunal.

Part II contains the Guide to the AIAC VAP Protocol, which aims to assist Parties andArbitral Tribunals in completing the VAP. The Guide also contains points forconsideration by the Parties and the Arbitral Tribunal when conducting a VAP. This
document is intended to serve as a reference tool only and shall be read in conjunction
with Part I and the AIAC’s online booking form.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLPART I: VAP PROTOCOL

1.

Applicability and Scope1.1. This Protocol on Virtual Arbitration Proceedings (“Protocol”) applies tomeetings, Witness examinations, and hearings with either no or limited inperson attendance as agreed between the Parties and the Arbitral Tribunal
in writing, which shall hereinafter be referred to as Virtual Arbitration
Proceedings (“VAP”).

1.2. The Parties may adopt this Protocol in whole or in part to govern the VAPor may vary or use this Protocol as a guideline in developing their own
procedures.

1.3. The Protocol is not intended to limit the flexibility that is inherent in, and is
the advantage of, arbitration.

1.4. Prior to the use of this Protocol for a hearing, the Parties should evince, in
writing, their agreement to the conduct of the hearing virtually andacknowledge that they will not subsequently challenge an award on thebasis that the hearing was not held in-person.

1.5. In the absence of a written agreement pursuant to Clause 1.4., the Arbitral
Tribunal is encouraged to specify the reasons for proceeding with thehearing virtually prior to the VAP.

2.

Guide And Definitions

2.1.

All references in the Protocol to the singular shall include the plural whereapplicable and vice versa.

2.2.

All personal pronouns in the Protocol, whether used in the masculine,
feminine, or neutral gender, shall include all other genders.

2.3.

In this Protocol, unless the context suggests otherwise, the following terms
and abbreviations shall be adopted:

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

2.3.1.

“Agreed Bundle of Documents” means the agreed and indexed
set of documents submitted to the Arbitral Tribunal for the
purposes of a physical or virtual hearing that the Arbitral Tribunal
may reference or be referred to in the course of the hearing. For
VAP, the Agreed Bundle of Documents may be in physical, i.e.,
print or hard copy, and/or electronic form, as directed by the
Arbitral Tribunal;

2.3.2.

“AIAC IT Support Specialist” means the IT specialist assignedby the AIAC to support the VAP;

2.3.3.

“Arbitral Tribunal” means a sole arbitrator, or a panel ofarbitrators, including an emergency arbitrator;

2.3.4.

“Business Day” means a working day in the Federal Territory of
Kuala Lumpur, Malaysia, and excludes weekends and public
holidays;

2.3.5.

“Clause” means the numbered paragraphs in Part I;

2.3.6.

“Host” is a person or company that provides or facilitates the useof a Platform or Technology needed for the carrying out of theVAP. The default Host is the AIAC, unless otherwise agreed
by the Parties and the Arbitral Tribunal;

2.3.7.

“Independent Supervising Officer” means a neutral andindependent individual appointed by a Party, or both Parties, tooversee the examination of a Witness to ensure no improper
assistance is provided to the Witness and the evidence is given
independently without any interference and influence;

2.3.8.

“Interpreter” means the individual appointed by either Party withthe requisite language skills to translate communications or thegiving of oral evidence from a foreign language to the language ofthe arbitration and vice versa;

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2.3.9.

“Observer” means the individual who is present during the VAP
other than the Parties, Arbitral Tribunal, Tribunal Secretary,
Witness, Transcriber, and Interpreter, and whose presence has
been agreed by the Parties and the Arbitral Tribunal. This includes
the individual authorised by either Party or other disputant towatch or listen to the proceedings, if any, provided this individualis permitted by the Arbitral Tribunal to observe the proceedings;

2.3.10. “Participant” means the Parties, Arbitral Tribunal, Tribunal
Secretary,

Witness,

Transcriber,

Interpreter,

Independent

Supervising Officer, and all other persons identified in Clause
4.3.1. that are present in the VAP upon the direction of the Arbitral
Tribunal;
2.3.11. “Party” means the Claimant, Respondent and/or other disputantsin the arbitration, including its Party Representative, the person
who the Party appoints and appears in the arbitration on behalf of
the Party and makes submissions and/or arguments, if any, savewhere explicitly distinguished;
2.3.12. “Platform” means the video conferencing solution agreed by theParties and the Arbitral Tribunal for the conduct of VAP;
2.3.13. “Seat” means the seat of arbitration if determined in, or pursuant
to, the arbitration agreement, submission agreement, or otherwise
determined by the Arbitral Tribunal;
2.3.14. “Technology” means any hardware including equipment such as
microphones, headsets, web camera, etc., and software used inthe VAP;2.3.15. “Transcriber” means the individual from the transcription services
company engaged by the Parties to transcribe the VAP;
2.3.16. “Translator” means the individual appointed by either Party withthe requisite language skills to translate written communications

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

and documents from a foreign language to the language of thearbitration and vice versa;
2.3.17. “Tribunal Secretary” means the individual appointed by the
Arbitral Tribunal, upon agreement with the Parties, to carry out
secretarial assistance pursuant to the terms and conditions set out
in the request for the appointment of a tribunal secretary and its
schedule of duties, or pursuant to other terms and conditions
agreed between the Parties and the Arbitral Tribunal;
2.3.18. “Venue” means the video conferencing venue location from which
the Participants access the VAP, which may or may not be theSeat;
2.3.19. “Venue IT Support Specialist” means the individual providing IT
support at the Venue and is not affiliated with the AIAC;
2.3.20. “Virtual Arbitration Proceedings” or “VAP” means any hearing,meeting, and/or conference conducted during the arbitralproceedings on or using the agreed Platform and Technology; and2.3.21. “Witness” means the individual who is subject to subpoena,
submits a witness or an expert report and/or is the subject of an
examination or cross-examination in the course of the VAP.

3.

Agreement for VAP

3.1. By adopting this Protocol, the Parties and the Arbitral Tribunal agree to
conduct the VAP in accordance with this Protocol.

3.2. The VAP will be deemed to have been conducted in place of an in-person
meeting or hearing, as the case may be, at the agreed Seat.

3.3. The Parties and the Arbitral Tribunal shall agree on a Platform andTechnology to be used for the VAP and notify the AIAC of such within five(5) Business Days before the intended VAP, subject to the availability of
the Platform and Technology at the AIAC.
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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

3.4. The Parties shall check and satisfy themselves that:

3.4.1.

the Platform to be used, including access thereto:(a)meets the requirements for the fair and expeditious conductof the VAP;(b)is compatible with the Participants’ Technology used foraccessing the VAP; and(c)adequately safeguards the confidentiality and privacy
required of the VAP, for example, against any hacking, illicit
access, unlawful recording, or interception by third parties;

3.4.2.

all Participants of the VAP have engaged with the Host for a test
run of the Platform and Technology; and3.4.3.

there are adequate contingency measures implemented for all
Participants in case of sudden technical failures, disconnection,or power outages, such as teleconference and alternative
communication channels, which include, but are not limited to,designated phone numbers for telephone calls and technicalsupport, the form of which is agreed before the VAP takes place.

3.5. Unless expressly reserved by any Party in writing to the Arbitral Tribunal
and all other Parties prior to the commencement of the VAP, byparticipating in a VAP, a Party is deemed to have satisfied itself that thematters in Clause 3.4. have been adequately considered and fulfilled.

4.

VAP Conduct

4.1. General Provisions

4.1.1.

Prior to the commencement of any VAP, at the first preliminary
meeting, or the earliest opportunity after the constitution of the
Arbitral Tribunal, the Parties and the Arbitral Tribunal shall:
5PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL(a)review and agree on the items in Part II, and should theParties fail to agree on any of the items within Part II, theArbitral Tribunal shall rule on such item upon hearing theParties;(b)

identify which issues are essential for the VAP and which
can be dealt with on a “documents only” basis so that the
taking of evidence shall be limited to the issues for which
oral evidence, submissions, or directions are required;(c)agree on the number and list of Participants attending theVAP, for example, the number and identity of the Arbitral
Tribunal, Parties, Party Representative, Witness, Tribunal
Secretary,

Interpreter,

Transcriber,

Independent

Supervising Officer, and technicians, and the Venue fromwhich such Participants will access the VAP;(d)agree on the identity of Participants for each Venue and thenecessary camera and audio set-up for all Venues;(e)consider and agree, if necessary, on the number of virtual
breakout rooms assigned to the Arbitral Tribunal and eachParty, as the case may be, to converse and deliberate
privately among themselves during the VAP;

(f)ensure that virtual breakout rooms are secure and only
accessible to those Participants to whom the rooms areallocated;(g)consider and agree on the allocation of time for the Parties’
opening, closing, witness examination, or other oral
submissions, taking into consideration that technicaldifficulties may arise during the VAP and time may be losttroubleshooting the same; and6

PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL(h)consult and agree on the virtual hearing dates, duration,and daily timetable, taking into account the time zones ofeach Venue.

4.1.2.

The Arbitral Tribunal may terminate the VAP at any time if the
Arbitral Tribunal deems the video and/or audio conferencing
facilities are so unsatisfactory that it is unfair to either Party tocontinue.

4.2. Venue

4.2.1.

Participants may join the VAP from separate Venues, and shallensure that the Venues from which they participate, and theTechnology used, fulfil the threshold logistical and technologicalrequirements set out in Clause 4.2.2. to enable them to participate
in the VAP to the extent permitted.

4.2.2.

Unless otherwise agreed by the Parties and the Arbitral Tribunal,
all Venues shall satisfy the following minimum logistical andtechnological requirements:(a)the video and audioconferencing facilities shall be of
sufficient quality to allow for clear audio and video and/oraudio-only transmission;(b)

the bandwidth requirements to ensure internet connection
stability for group video calling as recommended by therespective Platform;(c)there shall be sufficient microphones for all Participants forthe amplification of the Participant’s voice, as well as
sufficient microphones to allow for the transcription and/orinterpretation

of

the

Participant’s

testimony

and/orstatement, where transcription and/or interpretation are
required;7

PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL(d)there shall be adequate placement and control of thecameras to ensure that all Participants can be seen;(e)the Parties shall use the best efforts to ensure that the video
and/or audio connection between the Venues is as smoothas possible, with sounds and images being accurately andproperly aligned to minimise any delays;(f)each Venue shall have:(i)reasonable access to a Venue IT Support Specialist
with adequate technical knowledge and logisticalability to assist in planning, testing, and conducting
the VAP with the use of the agreed Platform andTechnology;(ii)

an AIAC IT Support Specialist assigned to resolve
any technical difficulties as far as practicable; and(iii)

the Venue IT Support Specialist and the AIAC IT
Support Specialist shall ensure they have set up a
backup communication system which includes, but is
not limited to, external teleconference, WhatsApp,
iMessage, Slack, or Skype;(g)

the Venue shall be at a location that provides for the fair,equal, and reasonable right of access to the Parties, as
appropriate; and(h)the Venue should be equipped with printing and scanningfacilities.

4.2.3.

Where there is to be more than one person at a Venue, each
person at that Venue shall be visible to, and shall also be able tosee, all other Participants who will be speaking during the VAP.

8PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

4.3. Participants permitted at the Venue during the VAP

4.3.1.

Unless otherwise agreed by the Parties or directed by the Arbitral
Tribunal, only the following Participants may be present at the
Venue during the VAP:(a)Party;(b)

Party Representative;(c)

Arbitral Tribunal;(d)Tribunal Secretary;(e)

Witness;(f)

Interpreter;(g)Transcriber;(h)

Independent Supervising Officer;(i)

AIAC IT Support Specialist, when necessary;(j)

Venue IT Support Specialist, when necessary;(k)Observer; and(l)any other person permitted or directed by the Arbitral
Tribunal.

4.3.2.

Each Party shall provide the identity of every individual present at
the Venue to the other Party and the Arbitral Tribunal prior to theVAP.

4.3.3.

The Arbitral Tribunal shall take the necessary steps to confirm theidentity of each individual present at the start of the VAP.
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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

4.4. Test Run

4.4.1.

All Participants of the VAP shall engage in a test run with the Hostusing the Platform and Technology for the VAP at least two (2)Business Days before the commencement of that VAP, and if notpracticable, the Parties shall communicate their unavailability assoon as possible to the Arbitral Tribunal and the Host.

4.4.2.

Participants may also schedule separate test runs with the AIAC
or other Participants, as necessary.

4.4.3.

The separate test runs shall be at least two (2) Business Daysprior to the collective test run that is intended for all Participants
to ensure familiarity with and connectivity to the Platform.

4.4.4.

Where video and/or audio conferencing facilities are required for
only a particular Participant, that Participant shall ensure that they
can access the VAP smoothly and is ultimately responsible forarranging the booking of video and/or audio conferencing facilities
with the AIAC and notifying all Participants of such arrangements.

4.4.5.

The Arbitral Tribunal has the power to and shall determine whobears the cost of the VAP.

4.5. Witness Examination

4.5.1.

The examination of the Witness shall be conducted as directed by
the Arbitral Tribunal.

4.5.2.

Unless otherwise agreed by the Parties, the camera for the videoconferencing facilities at the Venue shall:(a)allow for a sufficient part of the interior of the Venue inwhich the Witness is located is visible to the Arbitral
Tribunal to show that the Witness is able to give his/her

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

evidence at the hearing independently without any
interference and influence; and(b)retain sufficient proximity to the camera for the Arbitral
Tribunal to observe the demeanour of the Witness.

4.5.3.

The use of audio conferencing facilities, as opposed to videoconferencing facilities, should only be considered in limited
circumstances where there is no necessity or minimal need forParticipants to observe the location and/or demeanour of the
Witness.

4.5.4.

To ensure evidence is given independently without any
interference and influence:(a)the Arbitral Tribunal may, at any point during the VAP,
direct suo moto, or upon request of the Parties and/or
Parties’ Representatives, the Witness to orient his/hercamera to provide a 360-degree view of the Venue in order
to confirm that no unauthorised person is present; or(b)

the Arbitral Tribunal may direct, where circumstances
permit, a representative of each Party, representative of the
opposing Party, and/or Independent Supervising Officer tobe present in-person observing the taking of evidence of a
Witness at the Venue; and(i)if an Independent Supervising Officer is appointed,
the identity of the individual shall be communicated inadvance to the Arbitral Tribunal in writing; and(ii)

without limiting the definition of Observer, the Arbitral
Tribunal may specify or restrict the participation of any
Observer to ensure that the integrity of the evidence
taken and fairness are not compromised.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

4.5.5.

Where an Interpreter is required for a Witness during the VAP, theInterpreter shall be briefed before the commencement of the VAP
with regard to the arrangements for video and audio conferencingthat may impact or require adjustment of the interpretation
service.

4.5.6.

Where the interpretation is to be conducted simultaneously inmore than one language, arrangements shall be made for theParticipants to be able to select which audio channel, andlanguage of choice, they wish to hear. The arrangement shall be
subject to the technical capability of the third party real-time
interpretation service provider mutually agreed to be appointed by
the Parties.

4.5.7.

Prior to the VAP, if an oath or affirmation is required:(a)the Parties and the Arbitral Tribunal shall agree in writingon the manner and procedure by which the Witness shallgive an oath or affirmation; and(b)

the Parties shall ensure that any relevant religious or othertext necessary to take an oath or affirmation is available atthe Venue where the Witness is located for examination
and/or cross-examination.

4.5.8.

The Witness is permitted to have physical or electronic access tothe documents produced in the Agreed Bundle of Documents
while at their empty desk or lectern.

4.5.9.

All documents referred to by the Witness, whether in print orelectronic, shall be simultaneously visible and legible to theParticipants, save for Observers.

4.5.10.

The Parties shall agree on the Platform and Technology to be
used by the Witness to give demonstrative/illustrative evidence inthe course of the examination.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

4.5.11.

During the VAP, the Arbitral Tribunal may give such directions as
are necessary for the fair and efficacious taking of the evidenceof the Witness.

5.

VAP Etiquette

5.1.

To achieve the necessary level of cooperation and coordination for a
successful VAP, each Participant undertakes to observe the following:

5.1.1.

identify its lead speaker before the commencement of the VAP;

5.1.2.

refrain from interrupting any speaker, especially to avoid
audio/video lag;

5.1.3.

reasonable and responsible use of the Platform and Technology;

5.1.4.

avoid using Technology that interferes with connectivity;

5.1.5.

refrain from any unauthorised recording;

5.1.6.

mute microphones when not speaking to minimise backgroundnoise;

5.1.7.

use headphones or earphones to minimise echo and soundinterruption;

5.1.8.

put other electronic gadgets on silent mode throughout the VAP;

5.1.9.

refrain from the consumption of food and beverages that may
cause audible disruption to the proceedings; and5.1.10.

comply with any other rules as set by the Arbitral Tribunal.

5.2. In the event that one of the Participants essential to the hearing does notjoin the VAP without reasonable cause, the Arbitral Tribunal may proceedwith the VAP in the absence of that Participant and to alleviate concerns

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

regarding ex parte communications, the Arbitral Tribunal shall provide
written reasons for proceeding in such a manner.

5.3. In the event an essential Participant is disconnected during the VAP for
any reason, the Arbitral Tribunal may adjourn the proceedings, and therecordings shall prevail in the case of any dispute as to what transpired
immediately after the Participant’s connection had dropped.

6.

Document Referencing

6.1. Documentary evidence shall be referred to electronically during the VAP.

6.2. Alternatively, the Arbitral Tribunal may direct that documentary evidence
only be referenced physically, i.e., in print or hard copy, during the VAP, orboth physically and electronically, as desired.

6.3. Where electronic documents are to be produced and referred to:

6.3.1.

the Parties shall agree on the Platform and Technology to be used
for the electronic production and the electronic reference of
documents during the VAP;

6.3.2.

where required, more than one (1) Platform and/or Technology
may be adopted by the Participants;

6.3.3.

the Platform and Technology shall enable the Participants, savefor Observers, at all Venues to simultaneously view and read the
documents;

6.3.4.

the Parties may agree on utilising a shared virtual document
repository or server to be made available via computers at all
Venues, provided that the Parties are satisfied with the security
and confidentiality of the Platform and Technology used;

6.3.5.

the Arbitral Tribunal may limit the Participants’ ability to accesssuch electronic documents during the VAP;

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

6.3.6.

unless the Parties agree otherwise, electronic documents shall bereferred to and recorded in accordance with the electronic page
numbers ascribed by the Platform and Technology; and6.3.7.

participants shall be cognisant that pagination may vary acrossPlatforms and/or Technology and shall inform the Arbitral Tribunalof such at the earliest opportunity to ensure appropriate directions
can be made by the Arbitral Tribunal regarding the manner ofpagination.

6.4. All other documents on the record which the Witness will refer to during thecourse of his/her evidence, including where the Arbitral Tribunal permits,upon the application of a Party, the referencing of a document outside theAgreed Bundle of Documents, or permits the addition of a certain page to
the Agreed Bundle of Documents, must be clearly identified, paginated,and made available to the Witness.

6.5. Unless otherwise agreed in writing by the Parties, the Witness shall be
provided with an unmarked copy, i.e., a copy without any annotations,notes, or mark-ups, of the Agreed Bundle of Documents or such volumesof the Agreed Bundle of Documents as the Parties agree or are required,at the start of the examination of the Witness.

7.

Recording and Confidentiality of the VAP

7.1. Further to Clause 3.4.1., the Parties and the Arbitral Tribunal shall satisfy
themselves that the Platform and Technology utilised for the VAP
adequately safeguard the confidentiality and privacy required of the VAP,
for example, against any hacking, illicit access, unlawful recording, orinterception by third parties, and compliance with data protection laws of
the relevant countries.

7.2. Unless otherwise agreed in writing by the Parties, all Participants of the
VAP shall provide a written undertaking of confidentiality on terms to be
determined by the Arbitral Tribunal.1

1

Some recommended terms are set out in Schedule 1

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

7.3. Where the recording option has been selected, and disclaimer agreed toin the AIAC’s online booking form, the VAP shall be recorded by the AIAC,
and the recording shall only be disseminated by the AIAC.

7.4. No other recordings of the VAP, including a recording by the Host, shall bemade without prior leave of the Arbitral Tribunal.

7.5. In the event the Parties agree and require the AIAC to record the VAP:

7.5.1.

such shall be recorded on the Platform hosted by the AIAC;

7.5.2.

the Parties shall give the AIAC written notice of at least two (2)Business Days before the start of the VAP to arrange for therecording; and7.5.3.

the recording may be deleted by the AIAC after two (2) Business
Days from the day the recording is disseminated.

7.6. The Parties and the Arbitral Tribunal shall ensure that the recording of the
VAP will be kept confidential upon dissemination.

7.7. Unless otherwise agreed by the Parties, all matters relating to the VAP
shall be kept confidential, except where disclosure is necessary for the
implementation and enforcement of the award or, to the extent that
disclosure may be required by law, to protect or pursue a legal right or tochallenge an award in legal proceedings before a court or other judicial
authority.

8.

No Liability

8.1

Neither the AIAC, its employees, Director, Arbitral Tribunal, nor any
Tribunal Secretary, shall be liable for any act or omission related to the
conduct of the VAP governed under the Protocol.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

8.2

Neither the AIAC, its employees, nor the Director can be compelled to give
evidence in any arbitration or court proceedings relating to the VAP
conducted under the Protocol.

8.3

The AIAC shall not be liable for any data protection, confidentiality, or
privacy breaches which may arise from the use of the third party Platform.

8.4

The AIAC shall be reimbursed for any claims and proceedings issued bya third party for breach of data protection arising from third party Platform,
equipment, and software.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

Schedule 1 - Undertaking of Confidentiality, Privacy and Security
I,(NRIC/ Passport No.

(a)), hereby undertake that:

I shall not record any part of the VAP in whatever form unless authorisedin advance by the Parties and the Arbitral Tribunal;(b)

I shall not access the documents stored in the _[name of the agreed
platform]_ without prior authorisation from the Parties and the Arbitral
Tribunal;(c)

I shall not disclose the documents, information, or contents of the VAP tothird parties without prior authorisation from the Parties and the Arbitral
Tribunal unless required by the law; and(d)I shall not allow the presence of any other person at the Venue who is not
a Participant to the VAP unless agreed by the Parties and directed by the
Arbitral Tribunal.

[Signature]………………………..
Name:
Date:

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLPART II. GUIDE TO THE AIAC VAP PROTOCOL

I.

Arbitral Tribunal’s Consideration

The Arbitral Tribunal shall ensure that all the Participants are properly notified of theagenda for the VAP and that the Parties and Participants arrange for the necessary
technical aspects to test and connect to the Platform. In scheduling the VAP, theArbitral Tribunal shall consider:a)the different time zones of Participants, where applicable;b)the number of Venues and the possibility for the Arbitral Tribunal to bepresent in the same Venue;c)the method of taking evidence from Witnesses to ensure that the integrityof any oral evidence is preserved and given independently without any
interference and influence;d)the method for confirming and identifying all Participants, including any
AIAC IT Support Specialist, Venue IT Support Specialist, or Independent
Supervising Officer;e)the possibility of using demonstratives including screensharing views orelectronic Agreed Bundle of Documents hosted on a shared document
platform that guarantees access by all Participants;f)when allocating time during the VAP, the Arbitral Tribunal shall set aside
time for housekeeping matters, objections, applications, and any otherunexpected incidents or events; andg)to make any procedural order as the Arbitral Tribunal deems necessary.

II.

AIAC VAP Online Booking Form

The AIAC online booking form shall be completed in advance of each VAP booking at
the AIAC. This booking form indicates the preliminary selection of the VAP Platform,
date and timing of the VAP, test run date, and other technical assistance that may be
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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

required for the VAP by the Parties and the Arbitral Tribunal. This booking form may
also be used by the AIAC to provide a quotation of the AIAC’s services for the intended
VAP. The Parties should be mindful to inform the AIAC ahead of time whether any
technological, logistical, legal, and administrative assistance and/or tools are required
and identify the Participants, specifying whether any breakout rooms are only forcertain Participants. The booking form shall be completed at least five (5) Business
Days prior to the scheduled VAP.

III.

AIAC VAP Protocol

The Protocol (Part I) serves as a reference document for best practices in conducting
a VAP. Although non-binding in nature, the Protocol contains definitions of terms used
in a VAP 2 , which may be adopted by Participants of a VAP and guidance on theprocedural and practical aspects of conducting a VAP, including technological andlogistical requirements at the Venue, Witness examination, hearing etiquette,
document production, and matters pertaining to the recording and confidentiality of a
VAP. The Parties and the Arbitral Tribunal are requested to familiarise themselves with
the Protocol and endeavour to conduct the VAP according to the same.

IV.

Suitability of VAP

Even if the Parties have access to virtual hearing solutions to conduct an arbitration
proceeding, consideration should be given to the suitability of conducting theproceedings, especially a hearing, virtually. The Arbitral Tribunal shall bear in mind
that there have been occasions in arbitration proceedings across the globe where
Parties have raised procedural unfairness issues when an Arbitral Tribunal has
ordered a proceeding to be conducted virtually. Below is a non-exhaustive list of
considerations an Arbitral Tribunal should consider when deciding whether or not toproceed with a VAP:a) existence of travel restrictions;b) funding issues, including the cost of arranging for airfares/accommodation for
the Arbitral Tribunal, Witnesses, and Parties;

2

Any and all definitions used in the VAP Protocol shall have the same meaning herein.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLc) availability and access to sufficient infrastructures such as internet andelectronic resources for the Arbitral Tribunal, Parties, and Witnesses toparticipate fully in the proceedings;d) technological skills of the Parties, Witnesses, and Arbitral Tribunal involved,
including whether everyone is comfortable using the Technology;e) number and types of Witnesses to be examined and/or cross-examined;f)unique requests from the Parties;g) complexity of the dispute;h) types of evidence to be produced; andi)need to promote time and cost efficiencies.

If one Party is compelled to appear virtually, the other Party should also appear virtually
before the Arbitral Tribunal.

Where the Parties are not in agreement to conduct the proceedings virtually, in making
its decision, the Arbitral Tribunal should provide reasons for nevertheless proceeding
virtually or physically, either in the form of an interim ruling and/or a discussion of thesame in the award, whether it be partial or final.

V.

VAP Platform

The selection of the most suitable VAP Platform is essential for the efficient andeffective conduct of a VAP. There are two main categories of a VAP Platform –teleconferencing platforms and videoconferencing platforms.

Both categories can be further sub-divided into:a) IP-based platforms, i.e., those which rely on dedicated hardware/equipment
typically found in large firms and hearing centres, such as a Polycom system;
and21

PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLb) Cloud-based platforms, i.e., those which allow individual participants remote
access through specialised software applications, such as Zoom, WebEx,
Microsoft Teams, BlueJeans, and Skype for Business.

The VAP platforms available for use at the AIAC are third party solutions. The Parties
and the Arbitral Tribunal shall satisfy themselves that the third party platform,
equipment, and software utilised for the VAP adequately safeguard the confidentiality
and privacy required of the proceedings, for example, against any hacking, illicit
access, unlawful recording, or interception by third parties. The AIAC will not be liable
for any data protection, confidentiality, or privacy breaches that may arise from the useof the third party VAP solution.

The AIAC has licences for the use of the Polycom System, Zoom, and WebEx tofacilitate VAP. Further information on the available platforms can be obtained bycontacting reservations.team@aiac.world.

VI.

Test RunAt least two (2) Business Days prior to any VAP, the AIAC will conduct a test run with
the Parties, Arbitral Tribunal, AIAC IT Support Specialist, and any other Participants
and/or Observers. The purpose of this test run is to ensure that the selected
Technology, services, and Platform work smoothly and as required for all Participants.
The test run also allows the Parties and the Arbitral Tribunal to: familiarise themselveswith virtual solutions, associated Technology, and functions used; request for any
unforeseen technological, logistical, or administrative support from the AIAC; and/or toresolve any troubleshooting queries with respect to the Technology used to conduct
the VAP.

The duration of the test run depends on the number of Participants involved, the typesof Technology used, the scope of the services to be provided by the AIAC, and thecomplexity of any troubleshooting queries. Generally, the test run will be anywhere
between 30 to 90 minutes.

The Parties and the Arbitral Tribunal shall also consider whether any individual test
runs are required. This may be useful where a presiding or sole arbitrator decides tobe a Host of the VAP. By allowing the arbitrator to test the Technology at his own pace,it will allow for him to be more familiar and comfortable with the Platform and thereby
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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

giving him/her more command of its features during the VAP. If an individual test run
is required, the AIAC shall be notified of the same at least two (2) Business Days prior
to the test run with all Participants to ensure the smooth conduct of the VAP.

VII.

Attendees

The potential attendees in a VAP are identified in Clause 4.3.1. of Part I. To safeguard
the privacy and confidentiality of the VAP, it is imperative that only those authorised to
be present at the VAP are provided with an electronic link to log in to the VAP.

In some instances, the Parties and the Arbitral Tribunal may consider live streaming
the main hearing to authorised Observers through a designated link. If such is agreed,
the AIAC must be informed to create the appropriate link and monitor the Observers.

VIII.

Breakout Rooms

During a hearing, breakout rooms may be required for private deliberations. A similar
mechanism can be replicated in virtual platforms such as Zoom, whereby a virtual
breakout room can be created.

The Parties and the Arbitral Tribunal need to consider the number of virtual breakout
rooms that may be required during a hearing. Configurations for such virtual breakout
rooms may include rooms for the:a) Arbitral Tribunal only or Arbitral Tribunal and Tribunal Secretary;b) Parties and/or Party Representatives;c) Arbitral Tribunal and Party Representatives;d) Party Representatives; ande) Witnesses only.

For this reason, the AIAC requests for a list of Participants for each dedicated virtual
breakout room to ensure that the room allocations are appropriately managed andconfidentiality concerns are mitigated in a timely manner.
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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

IX.

Screensharing

Screensharing is a function of the Platform that allows a Participant to share theirdisplay screen with all other Participants in the VAP. It is advantageous where anelectronic Agreed Bundle of Documents is to be used as part of the proceedings,
especially in the absence of engaging a third party Electronic Presentation of Evidence(“EPE”) provider. Where the screensharing function will be used, the AIAC will run
through the operation of this function with the relevant Participants during the test run.

X.

AIAC IT Support Specialist

An AIAC IT Support Specialist will be assigned to every VAP. The scope of the AIACIT Support Specialist’s role will be as follows:a) to provide adequate technical support to ensure that any technologicaldifficulties encountered by the Participants are minimised;b) to take control of a Participant’s device remotely, with the Participant’s consent
for the purpose of rendering technical assistance; andc) to be available on-call throughout the VAP where physical presence is not
required for its entirety.
The AIAC IT Support Specialist cost is embedded into the AIAC’s VAP rates, which
are available here.

XI.

Tribunal Secretary

The Tribunal Secretary is an optional service offered by the AIAC, pursuant to arequest for the appointment of a Tribunal Secretary. For more information about theprocess for requesting and the associated charges for a Tribunal Secretary, pleaseemail arbitration@aiac.world or contact the case counsel in charge.

Subject to the request for the appointment of a Tribunal Secretary, the Tribunal
Secretary will be a case counsel from the AIAC’s legal services team who has been
trained to provide assistance in arbitral proceedings. The role and scope of
responsibilities of the Tribunal Secretary are as per the AIAC’s Tribunal Secretary
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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

Guideline and Schedule of Duties, which is available at www.aiac.world. Alternatively,
the Parties and the Arbitral Tribunal may determine that the scope of the Tribunal
Secretary’s responsibilities is merely administrative support for the entirety of theproceedings or just the VAP.

The AIAC assumes no liability for any acts or omission by the Tribunal Secretary in the
conduct of the VAP.

XII.

Venue IT Support Specialist

The Participants who log in remotely from a Venue shall ensure a Venue IT Support
Specialist is on standby to assist them during the VAP. The Participants are at liberty
to designate the Venue IT Support Specialist of their choice. The identity of thedesignated Venue IT Support Specialist shall be circulated amongst the Participantsof the VAP before the same takes place.

XIII.

Host of VAP

The Host is the individual who has overall technological control of the VAP. The
functions a Host can undertake include placing people, including a Witness, into andout of a breakout room and controlling the commencement and closure of each VAP
session.

Generally, the Hosts will be the AIAC IT Support Specialist assigned to the VAP , andthe Tribunal Secretary, if any, would be a co-Host where such has been agreed to by
the Parties and the Arbitral Tribunal.

In some instances, sole and presiding arbitrators may also be inclined to be the coHost of the VAP. In such a case, the AIAC can do a test run with the relevant memberof the Arbitral Tribunal to ensure they are comfortable with using the Host functions.
This is an option that is available in the online booking form.

XIV.

Recordings of VAP

The AIAC is able to record VAP for the use of the Parties and the Arbitral Tribunal.
Both audio-only and audio & video recording options are available. Guidance on the
AIAC’s recording services for VAP is found in the Protocol. Where the Parties and the25

PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

Arbitral Tribunal indicate that they would like a VAP recording, the same may be
specified in the AIAC online booking form.

XV.

Electronic Presentation of Evidence

An EPE system allows evidence to be displayed to all Participants in a VAP
simultaneously. The Parties may manage the system themselves by having counsel
navigate, or it may be operated and managed by a third party service provider such as
Scribe, Opus 2, and Epiq with access to the Agreed Bundle of Documents.
When using an EPE, the Parties should agree on a practical naming convention to be
used throughout the Agreed Bundle of Documents. Such should also be
communicated to the third party service provider, if involved. This allows for theevidence to be easily displayed on the EPE and assists with keeping track of the record
within the transcript.

To ensure the EPE runs smoothly, the Parties should confirm that it is compatible withthe bundling format and system used for the VAP.

XVI.

Declaration

By completing the AIAC online booking form, the Parties and the Arbitral Tribunal
agree to use the VAP Platform at their own risk. To reiterate, the VAP Platform usedby the AIAC is a third party platform. Hence, the AIAC shall not be liable for any failures,
breaches of data and/or confidentiality, losses, or damages that may occur.

XVII.

Ex Parte Communications

In the event that an essential Participant does not join the VAP without reasonablecause, the Arbitral Tribunal may proceed with the VAP in the absence of that
Participant. To alleviate concerns regarding ex parte communications, the Arbitral
Tribunal shall provide written reasons for proceeding in such a manner following the
VAP.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLXVIII. Procedural Irregularities

In the event a procedural irregularity occurs due to a technical or connectivity issue,
the Arbitral Tribunal shall ensure that all reasonable measures were taken to avoid any
advantages being provided to one Party. For the avoidance of doubt, if the Arbitral
Tribunal is concerned that an advantage may be provided, it should adjourn the VAP
until the issue can be resolved and shall provide written reasons for proceeding in sucha manner.

XIX.

Tips and VAP Etiquette

The following is a non-exhaustive list of tips and etiquette for the Participants toconsider when preparing for or conducting a VAP. These tips and etiquette are merely
recommendations and not mandatory guidelines for VAP.

General Tipsa) Internet Connection: at times, wireless internet connection can be unstable;
therefore, where possible, use an ethernet cable.

b) Bandwidth Requirements: each Platform recommends a minimum standard of
bandwidth requirements to ensure a smooth connection. Parties are advised
to check the bandwidth requirements of the agreed Platform. Zoom, forexample, has the following minimum requirements:3
For group video calling:
800kbps/1.0Mbps (up/down) for high quality video
For gallery view and/or 720p HD video: 1.5Mbps/1.5Mbps (up/down)
Receiving 1080p HD video requires 2.5mbps (up/down)
Sending 1080p HD video requires 3.0 Mbps (up/down)c) Room Settings: quiet room, away from distractions or uninvited guests,
including animals, that may disrupt the VAP.

3

See https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-forWindows-macOS-andLinux#:~:text=For%201%3A1%20video%20calling%3A%20600kbps%20(down)%20for,%3A%2060%2D80kbps%20(down)

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLd) Audio: use of a noise-cancelling headset or headphones is recommended tominimise external disruptions. Desktop speakers with a microphone with USB
connectivity may be used but is not recommended.

e) Camera: where possible, use a separate webcam from the built-in camera ona laptop, which is typically not of high quality. Position the camera at eye level.

f)Lighting: to avoid shadowing effects and squinting, replace natural light withlamps. If using lamps, white bulbs are preferred over yellow incandescentbulbs.

g) Background Set-up: virtual backgrounds and/or blurring functions in any formshall not be used in the VAP to ensure full confidentiality and to prohibit third
party interference with the VAP, such as Witness coaching. When positioning
their camera, Participants shall ensure that the background is proper, i.e.,
neutral-coloured walls or office or library settings.

h) Backup Communication: in the event of technological difficulties, which may be
encountered, a backup communication system should be in place, with options,
including external teleconference, WhatsApp, iMessage, Slack, Skype, etc.

i)

Screen Set-up: ideally, Participants should have more than one screen
available. These may include the primary desktop, laptop, and external
screens. One possible set-up is to have four screens for the (1) video stream,(2) EPE, (3) transcript, and (4) communications.

j)Visible Participants: throughout the duration of the VAP, the Arbitral Tribunal
and Party Representatives, or Parties, if not represented, shall be visible at all
times. During the examination of any Witness, or Witnesses in the event of hottubbing, the Witnesses shall be visible to all Participants.

k) Translation and/or Interpretation: in the event translation and/or interpretation
services are required, such shall be done simultaneously. The Parties and the
Arbitral Tribunal may either agree to have a Translator simultaneously translate
the transcript or for an Interpreter to be present and simultaneously translate
the oral submissions or Witness examinations as may be the case.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLl)

Disconnection:(i) Arbitral Tribunal member: in the event a member of the Arbitral Tribunal
is disconnected, the VAP shall stop, and the other Arbitral Tribunal
members or the AIAC IT Support Specialist shall contact thedisconnected Arbitral Tribunal member by means of the backup
communication to resolve the issue. If the issue is not resolved within atimely manner (15-20 minutes), then the VAP shall adjourn until thetechnical difficulty can be resolved.

(ii) Party Representative, or Party if not represented: in the event a Party
Representative is disconnected, the VAP shall stop and, if stillconnected, another individual from the Party Representative’s team or
the AIAC IT Support Specialist shall contact the disconnected Party
Representative by means of the backup communication to resolve theissue. If the issue is not resolved within a timely manner (15-20
minutes), then the VAP shall adjourn until the technical difficulty can be
resolved.

(iii) Participant, other than those in items a and b above: in the event a
Participant is disconnected from the VAP, the VAP should continue toproceed, and the Party with whom that Participant is associated should
contact the Participant using a backup communication to swiftly resolve
the issue. The AIAC IT Support Specialist will be available to assist if
needed.

m) Chess-clock: if the Parties and the Arbitral Tribunal decide to use chess-clock,and a technical issue arises that disrupts the VAP, such shall not be includedin the calculation of how much time has been used. To ensure that enough time
has been designated for the VAP, a “buffer” should be added to the time allottedfor each Party as per item (o) below.

n) Connectivity: in the event the connectivity, i.e., the connection to the Platformand Technology, is clear during one of the Party’s submissions, examinations,etc., but “spotty”, “lagging”, or otherwise having issues during another Party’s
submissions, examinations, etc., the Parties and the Arbitral Tribunal should
consider adjourning the VAP until the connectivity is clear.
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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLo) “Time Buffers” and/or Backup Dates: when determining the time allocated for
the VAP, especially if the Parties and the Arbitral Tribunal have agreed to use
chess-clock, the Parties and the Arbitral Tribunal should consider allocatingtime buffers and/or backup dates for the VAP. For any submissions,
examinations, etc., that require simultaneous translation and/or interpretation,a time buffer should be allocated for such. A time buffer should also be
allocated for cross-examinations. Additionally, if, for example, the connectivity,
i.e., connection to the Platform and Technology, is clear during one of theParty’s submissions, examinations, etc., but “spotty”, “lagging”, or otherwise
having issues during another Party’s submissions, examinations, etc., theParties and the Arbitral Tribunal should consider adjourning the VAP until theconnectivity is clear.

p) Independent Supervising Officer: if an Independent Supervising Officer isappointed to observe a Witness during examination and/or cross-examination,such Independent Supervising Officer shall produce an affidavit stating it isneutral, independent, and impartial of all Parties, Party Representatives,
Arbitral Tribunal members, and Tribunal Secretary, and that it shall undertakethe overseeing of the Witness examination and/or cross-examination to ensure
no improper assistance is provided to the Witness and the evidence is given
independently without any interference and influence.

q) Venue: all Venues of the VAP, i.e., the individual locations from which theparticipants will participate in the VAP, should have printing and emailing
facilities in case documents need to be sent, viewed, and/or executed during
the course of the VAP.

Before and/or During VAPa) The Arbitral Tribunal, Tribunal Secretary, and Party Representatives, orParties, if not represented, shall be visible with their cameras on before andduring the VAP.

b) The Parties and the Arbitral Tribunal shall agree on the compilation andlabelling of the electronic Agreed Bundle of Documents to be used in the VAP
well in advance. Options for the electronic storage of the Agreed Bundle of30

PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

Documents should also be considered by the Parties and the Arbitral Tribunal,such as a virtual document repository through a cloud-based storage system,
including Drobox, Google Drive, etc.

c) If hard copy bundles of documents are to be referenced during the VAP, allParticipants shall have access to the relevant documents, and the hard copies
must be identically paginated, collated, and labelled.

d) Prior to any virtual hearing, the Parties and the Arbitral Tribunal shall agree tothe duration and frequency of breaks throughout the VAP, as well as thelogistics in respect thereof, including whether: everyone needs to sign in andsign out; everyone will be placed into breakout rooms; the video should
continue running but audio set on mute, etc.

e) At the outset of the VAP, the Parties shall identify the lead speaker as well as
provide a list of all Participants to the Arbitral Tribunal and Transcriber, if
applicable.

f)Throughout the duration of the VAP to ensure there are minimal interruptions
and the VAP proceeds smoothly, Participants shall: refrain from interrupting
any speaker, use the Platform and Technology reasonably and responsibly,
avoid the use of any Technology that interferes with connectivity; refrain fromany unauthorised recording; mute microphones when not speaking; put otherelectronic gadgets on silent mode throughout the VAP; and, except for breaks,
refrain from consuming food and beverages that may cause audible disruption
to the proceedings .

g) For Witness examination, Witnesses should be asked to join the VAP well inadvance of the scheduled examination to ensure the VAP runs on time. Where
Witnesses join the VAP prior to their scheduled examination, they can beplaced in a virtual Witness waiting room and brought into the VAP by the Host
once it is their turn to be examined or cross-examined as the case may be.

h) With expert Witnesses, consider whether hot-tubbing is appropriate and, if so,
how the hot-tubbing of experts in multiple locations will be managed. For
instance, the Parties and the Arbitral Tribunal should decide whether

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOL

concurrent evidence be obtained in some matters and individual crossexamination on others.

i)

Where the Parties and the Arbitral Tribunal have decided to adopt the “chessclock method”, they should determine beforehand the individuals in charge ofand the mechanism for time monitoring, and consider adding “buffers” fortechnical issues that may be experienced during the VAP and troubleshooting
thereof to ensure that the “chess-clock” procedure runs timely.

j)

Where transcription services are to be engaged, consider: whether access tolive transcription will be possible and whether it is required; how live
transcription will be displayed at each Venue, including the need for additional
screens; whether the transcription provider’s platform allows for annotations
and notes; and how daily transcriptions will be shared between the Parties andthe Arbitral Tribunal.

k) Where Translators or Interpreters are to be engaged, consider: whether asimultaneous or sequential interpretation and translation are required; whether
the interpretation and translation are to be made in multiple languages which
require separate audio feeds; etiquette to minimise the interruption of theinterpreters; whether audio recordings of the interpretation and translation are
required to verify their accuracies, etc. Timing should also be considered wheretranslators are engaged as it will invariably extend the duration of the Witness
examination and/or cross-examination being undertaken.

l)Where Observers are present only to observe and are not to appear,
participate, or speak in the proceedings, the Parties and the Arbitral Tribunal
should consider having a separate live stream of the main proceedings througha password-protected link.

During VAPa) At the commencement of each VAP, the Arbitral Tribunal should verify theidentities of the Participants and confirm that the Observers have been given
provided access.

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PROTOCOL ON VIRTUAL ARBITRATION PROCEEDINGS (VAP PROTOCOL)AND GUIDE TO THE AIAC VAP PROTOCOLb) At all times, the Arbitral Tribunal and the individual speaking should be visible
to the Participants. Those not speaking should mute their audio to minimise
any interference with sound/audio quality.

c) Participants in the VAP should use their best endeavours to adhere to the
Hearing Etiquette set out in Clause 5. of Part I.

d) Screensharing should be used for the presentation of demonstrative exhibits
and visual aids where possible.

e) Witnesses Examination: either a 360-degree camera should be used or one
with a wide-angle that allows for a reasonable part of the room’s interior to be
captured. The Witness should be in close enough proximity to the camera that
he is clearly depicted. The Witness should not use virtual backgrounds and/or
blurring functions. If possible, either a Party Representative from the opposing
side, assistants, or an Independent Supervising Officer should be present in
the room to supervise the Witness.

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