Practice Note: Technology-Enabled Arbitration

NB: references to The ADR Centre include all subsidiaries, including the New Zealand Dispute Resolution Centre (NZDRC), New Zealand International Arbitration Centre (NZIAC), Building Disputes Tribunal (BDT), the Family Dispute Resolution Centre (FDRC), and the Independent Complaint and Review Authority (ICRA).

This Practice Note provides guidance to arbitrators appointed in The ADR Centre arbitrations where technology is used to support all or part of the process, including hybrid and remote hearings.

This Practice Note does not override any agreement between the parties, any applicable law, or any procedural directions made by the tribunal, but is intended to support consistent, proper and principled conduct in technology-enabled proceedings.

1. Technology-enabled arbitration

Technology-enabled arbitration includes the use of technology to:

• conduct hearings remotely or in hybrid form;
• manage documents electronically (including e-bundles);
• facilitate witness evidence from another location;
• use real-time transcription; and
• support secure communications and file [text cut off in source]

Technology should be used in a way that maintains fairness and supports efficient and orderly procedure.

2. General principle

The tribunal is responsible for ensuring that the use of technology does not compromise:

• party equality;
• the right to be heard;
• the integrity of evidence; or
• the confidentiality of the [text cut off in source]

If technology creates a material disadvantage for a party or participant, the tribunal should address it by procedural directions.

3. Early planning and procedural directions

At an early stage (often the first procedural conference), the tribunal should address how technology will be used and record the outcomes in procedural directions.

The tribunal may ask the parties to provide a joint proposal covering:

• whether the hearing will be in-person, hybrid or remote;
• the platform(s) to be used and a backup plan;
• arrangements for e-bundles and exhibits;
• arrangements for witness evidence, including integrity safeguards;
• time-zone and scheduling constraints;
• transcription and recording;
• cybersecurity and access controls; and
• hearing etiquette and [text cut off in source]

4. Hybrid and remote hearings

If a hearing is hybrid or remote, the tribunal should ensure the arrangements are workable and fair for all participants.

The tribunal may consider:

• the number and location of participants and witnesses;
• complexity and document volume;
• health, safety, accessibility and cost;
• time-zone impacts; and
• any risks to confidentiality or hearing [text cut off in source]

The tribunal should direct minimum practical requirements, including:

• a reliable internet connection and suitable audio/visual equipment;
• a quiet, private room and appropriate lighting;
• camera positioning so the participant can be clearly seen and heard; and
• a technical support contact and escalation [text cut off in source]

A brief test session (or “tech check”) should be held before the hearing to confirm:

• joining the platform;
• audio and video quality;
• screen sharing and document navigation;
• breakout rooms (if used); and
• contingency arrangements if a participant drops [text cut off in source]

5. E-bundles and electronic exhibits

Where e-bundles are used, they should be organised and stable. Unless the tribunal directs otherwise, parties should:

• agree a consistent file naming and exhibit numbering system;
• use a hyperlinked index and searchable PDFs (with OCR where needed);
• use stable pagination (for example, Bates numbering or equivalent); and
• ensure version control so participants are working from the same [text cut off in source]

The tribunal should set a protocol for:

• adding late documents;
• replacing or correcting documents; and
• marking and storing documents introduced during the hearing.

6. Witness evidence and preparation

Where a witness gives evidence remotely, the tribunal should ensure the process supports reliable evidence and reduces the risk of improper influence.

The tribunal may direct safeguards, including:

• confirming the witness’ location and who is present;
• confirming the witness has no unauthorised communications during evidence;
• limiting documents available to the witness to the agreed bundle (or those directed by the tribunal);
• prohibiting private messaging or prompting during evidence; and
• confirming what happens during breaks (including no discussion about evidence, unless permitted by the tribunal).

Parties should not communicate with a witness while the witness is giving evidence, including during cross-examination.

7. Time-zones and scheduling

Where participants are in different time-zones, the tribunal should adopt a timetable that is workable and fair.

The tribunal may:

• shorten sitting days and extend the hearing over more days;
• rotate start times to share inconvenience; and
• prioritise key witnesses at reasonable times where [text cut off in source]

Hearing times should be clearly communicated using:

• one reference time-zone; and
• a timetable showing local times for key participants, where helpful.

8. Transcription and recording

If transcription is used, the tribunal should direct:

• whether it is real-time or produced after the hearing;
• who will arrange and pay for it; and
• whether the transcript is an official record or an aid [text cut off in source]

Unless the tribunal directs otherwise, participants should not make private recordings. If any recording is permitted, the tribunal should direct:

• who will record;
• storage and access arrangements; and
• confidentiality and retention requirements [text cut off in source]

9. Cybersecurity and confidentiality

Parties and participants must take reasonable steps to protect confidential arbitration material. The tribunal may direct a cybersecurity protocol, including:

• access controls (passwords, waiting rooms, locked meetings);
• multi-factor authentication where available;
• secure file transfer and storage;
• limits on screen sharing and participant permissions; and
• an incident reporting [text cut off in source]

If a party becomes aware of a suspected security incident affecting the arbitration, it should promptly notify the tribunal and the other party.

10. Hearing etiquette

To support orderly proceedings, participants should:

• join on time and identify themselves clearly by name and role;
• keep microphones muted when not speaking;
• avoid interruptions and speak clearly and at a measured pace;
• avoid using chat functions for advocacy unless directed by the tribunal; and
• raise technical issues promptly using the process directed by the [text cut off in source]

Participants should ensure they cannot be overheard when consulting privately, including when using breakout rooms.

Issued by The ADR Centre. Effective from April 14, 2026.