New Practical Insights Module on the Right to a Physical Hearing

ICCA is pleased to announce the release of a new Practical Insights module, developed in collaboration with Wolters Kluwer, on the right to a physical hearing in international arbitration. The module is authored by Giacomo Rojas Elgueta, James Hosking, and Yasmine Lahlou, and edited by Kiran Nasir Gore, Joshua Karton, Simon Greenberg, and Fan Yang.

The Practical Insights on the Right to a Physical Hearing provides a concise overview of key legal and procedural questions concerning in-person vs. remote hearings. It examines whether a legal or implied right to a physical hearing exists across various jurisdictions, how this intersects with party autonomy under arbitration agreements, and the potential consequences if a tribunal imposes a hearing format contrary to the parties’ agreement.

The module combines legal commentary with practical guidance, helping arbitration practitioners navigate national laws, institutional rules, and recent developments. It also addresses the possible implications for enforcement or annulment of arbitral awards when disputes arise over hearing formats.

The materials and recommendations in this module are based on ICCA’s 2020 project on the right to a physical hearing, which culminated in ICCA Reports No. 10 – Does a Right to a Physical Hearing Exist in International Arbitration? The 2022 volume includes an umbrella report and jurisdiction-specific analyses based on a survey of 78 New York Convention jurisdictions, focusing on whether such a right exists and what risks are associated with remote hearings held over party objections.

Both resources are available online and can be used in tandem to support hearing strategy, risk assessment, and informed decision-making in cross-border arbitration.