Does a Right to a Physical Hearing Exist in International Arbitration?
On 4 September 2020, Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, formally launched the research project “Does a Right to a Physical Hearing Exist in International Arbitration?”. The project arises from the need for reliable, jurisdiction-specific, information on the core legal questions posed by the increased use of remote arbitral hearings due to the COVID pandemic.
With the help of national reporters from across the globe, the Co-editors are compiling a comparative survey covering some 86 New York Convention jurisdictions. All national reports will be published individually on this dedicated page of the ICCA website as they become available, allowing the international arbitration community access to this user-friendly resource.
The publication of the survey results will be followed by a general report that will appear as an instalment of the ICCA Reports Series. In addition to the Co-editors’ analysis of the findings of the survey, the report will include a series of essays addressing the interplay between remote hearings and key conceptual issues in international arbitration. The report will be presented at the XXVth ICCA Congress to be held in Edinburgh in September 2021.
Co-editors of the Project
News and Updates
All reporters were provided a standard survey questionnaire and model response. The survey, and therefore each national report, aims to provide clear and user-friendly answers to questions such as: Is a right to a physical hearing expressly provided by – or can it be inferred from – the relevant arbitration law; what is the impact of the parties’ agreement on the arbitrators’ procedural discretion to order a remote hearing; and can remote hearings affect the enforceability of an award?