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 have compiled a comparative survey covering some 78 New York Convention jurisdictions. Each national report is published individually on this page to allow the international arbitration community access to this user-friendly resource. Scroll down to access the national reports.
Following the publication of the survey, a General Report has been prepared by the Co-editors. The General Report describes the background and methodology of the survey, offers high-level conclusions drawn from the answers provided in the national reports, and highlights converging approaches among the 78 jurisdictions on the survey’s key issues. Scroll down to 'News and Updates' to read the full news item on the General Report.
The report will also be published in hard copy as part of a volume of the ICCA Reports Series, together with a set of essays addressing the interplay between remote hearings and key conceptual issues in international arbitration. This volume will be launched at the XXVth ICCA Congress in Edinburgh in September 2022.
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?