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Assessing Credibility in Online Arbitration Hearings: Determining Facts and Justice by Zoom
Moreira, João Ilhão; Zhang, Liwen
2023-09-26
Source PublicationInternational Journal for the Semiotics of Law
ISSN0952-8059
Volume37Issue: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.

KeywordArbitration Online Hearings Deception Detection Nonverbal Cues Credibility Assessment
DOI10.1007/s11196-023-10046-7
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law ; Linguistics ; Social Sciences - Other Topics
WOS SubjectLaw ; Language & Linguistics ; Social Sciences, Interdisciplinary
WOS IDWOS:001070789900001
PublisherSPRINGER, VAN GODEWIJCKSTRAAT 30, 3311 GZ DORDRECHT, NETHERLANDS
Scopus ID2-s2.0-85172150850
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorMoreira, João Ilhão
AffiliationFaculty of Law, University of Macau, E32 Avenida da Universidade, Taipa, China
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty 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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