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.
On 21 September 2022, at the ICCA Congress in Edinburgh, the co-editors launched ICCA Reports No. 10 – Does a Right to a Physical Hearing Exist in International Arbitration? This volume includes an umbrella report summarizing key takeaways from a survey of 78 New York Convention jurisdictions, as well as a series of articles by prominent commentators addressing cutting-edge issues around remote arbitration hearings.
The Reports of the comparative survey of 78 New York Convention jurisdictions are published individually on this page to allow the international arbitration community access to this user-friendly resource. Scroll down to access the national reports.
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?