Residential College | false |
Status | 已發表Published |
Assessing Credibility in Online Arbitration Hearings: Determining Facts and Justice by Zoom | |
Moreira, João Ilhão; Zhang, Liwen | |
2023-09-26 | |
Source Publication | International Journal for the Semiotics of Law |
ISSN | 0952-8059 |
Volume | 37Issue:3Pages:887–901 |
Abstract | The COVID-19 pandemic has led to the widespread use of online hearings in arbitral proceedings, raising questions about the impact of such proceedings on the determination of facts underlying a dispute. This article explores the extent to which online hearings may hinder arbitrators’ ability to assess witness credibility by drawing upon the cognitive psychology literature on truthfulness determination and lie detection. A survey of the literature suggests that the ability to differentiate truthful from dishonest statements through verbal and nonverbal cues is limited, leading to the notion that observing behaviors like fidgeting, gaze aversion, vocal pitch, or body posture is not particularly relevant in assessing the credibility of a witness. Instead, focusing on the content of what is reported appears to be the most relevant strategy to determine credibility. Therefore, research does not support the idea that face-to-face contact with witnesses is essential to determine the facts of a dispute. Still, the use of in-person hearings may, in practice, continue to be preferred due to underlying cultural assumptions regarding the nature of hearings, the facilitation of communication between parties, counsel, and the tribunal, and a general sense of Zoom fatigue. |
Keyword | Arbitration Online Hearings Deception Detection Nonverbal Cues Credibility Assessment |
DOI | 10.1007/s11196-023-10046-7 |
URL | View the original |
Indexed By | ESCI |
Language | 英語English |
WOS Research Area | Government & Law ; Linguistics ; Social Sciences - Other Topics |
WOS Subject | Law ; Language & Linguistics ; Social Sciences, Interdisciplinary |
WOS ID | WOS:001070789900001 |
Publisher | SPRINGER, VAN GODEWIJCKSTRAAT 30, 3311 GZ DORDRECHT, NETHERLANDS |
Scopus ID | 2-s2.0-85172150850 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | Faculty of Law DEPARTMENT OF MACAO LEGAL STUDIES |
Corresponding Author | Moreira, João Ilhão |
Affiliation | Faculty of Law, University of Macau, E32 Avenida da Universidade, Taipa, China |
First Author Affilication | Faculty of Law |
Corresponding Author Affilication | Faculty of Law |
Recommended Citation GB/T 7714 | Moreira, João Ilhão,Zhang, Liwen. Assessing Credibility in Online Arbitration Hearings: Determining Facts and Justice by Zoom[J]. International Journal for the Semiotics of Law, 2023, 37(3), 887–901. |
APA | Moreira, João Ilhão., & Zhang, Liwen (2023). Assessing Credibility in Online Arbitration Hearings: Determining Facts and Justice by Zoom. International Journal for the Semiotics of Law, 37(3), 887–901. |
MLA | Moreira, João Ilhão,et al."Assessing Credibility in Online Arbitration Hearings: Determining Facts and Justice by Zoom".International Journal for the Semiotics of Law 37.3(2023):887–901. |
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