Recognition and Enforcement of Arbitral Awards Rendered through Virtual Proceedings: Legal, Technological, and Jurisdictional Challenges

Abstract

The rapid expansion of virtual proceedings in international and domestic arbitration has fundamentally transformed the conduct of dispute resolution. Driven primarily by technological advancement and accelerated by the COVID-19 pandemic, arbitral tribunals increasingly rely on virtual hearings, electronic submission of evidence, and remote witness examination. While these developments have enhanced efficiency, accessibility, and cost-effectiveness, they have also raised complex questions concerning the recognition and enforcement of arbitral awards. The enforceability of an arbitral award remains the cornerstone of arbitration’s legitimacy, and any procedural irregularity may be invoked before national courts to resist enforcement. Virtual proceedings challenge traditional understandings of due process, equality of parties, procedural fairness, and jurisdiction, particularly when enforcement is sought across borders. This paper examines whether arbitral awards rendered through virtual proceedings are compatible with existing legal frameworks governing recognition and enforcement, with specific reference to international arbitration law and national judicial practice. It critically analyzes doctrinal concerns relating to procedural fairness, technological reliability, and jurisdictional uncertainty, while assessing the adequacy of existing international instruments to address these emerging challenges. The study argues that virtual proceedings, in themselves, do not undermine enforceability, but inadequate safeguards and inconsistent judicial approaches may pose significant risks. It concludes by emphasizing the need for harmonized standards and procedural clarity to preserve confidence in arbitration in the digital era.