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International Law,
Civil Litigation

Mar. 2, 2023

California’s emergence as an innovator in international arbitration

See more on California’s emergence as an innovator in international arbitration

A key milestone on California’s road to being an international arbitration innovator was a legislative breakthrough. On Jan. 1, 2019, California implemented one of the most welcoming “fly-in, fly-out” international arbitration laws of any jurisdiction in the world.

Just a few short years ago most parties and practitioners took it on faith that a face-to-face evidentiary hearing in the same room was essential to procedural due process when arbitrating complex international disputes. In the wake of the COVID pandemic, remote video hearings are now widely accepted. Many arbitrators and courts agree there is no fundamental right to be physically present at a hearing and that a remote or virtual hearing qualifies as an "in-person" he...

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