Right to a Physical Hearing Project: Newly Released Updates to Reports
Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou are pleased to announce the release of three further updates in the ICCA Project "Does a Right to a Physical Hearing Exist in International Arbitration?".
The updated Australia report gives an account of a recent decision of the Supreme Court of Western Australia, where (albeit in the context of a domestic arbitration award) it was found that a remote hearing had not impinged on the fairness of the arbitral process.
The updated South Korea report includes a reference to an amendment of the Civil Procedure Act that was enacted earlier this year, which has made it clear that the option for a hearing by videoconference is allowed for court proceedings.
The updated Sweden report offers a summary of a Svea Court of Appeal decision clarifying that the right to an oral hearing provided by the Swedish Arbitration Act is technology neutral and permits remote hearings, thus affirming the majority view presented in the March 2022 Addendum to the original Sweden report.
As a continuation of the Project, the Co-editors will now solicit any relevant updates from covered jurisdictions twice a year, so as to make sure that the survey findings are always up to date.
All updates are published on this dedicated page of the ICCA website, where you can already access the updated Australia, South Korea and Sweden reports, as well as the national reports from 75 more jurisdictions.