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 "Does a Right to a Physical Hearing Exist in International Arbitration?" Report is now available online.

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

Co-chairs of the Project

News and Updates

Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, release updates to the Australia, South Korea and Sweden national reports.

Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, announce the release of the General Report, the culmination of the multi-jurisdictional survey concerning the question whether a right to a physical hearing exists in international arbitration.

Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, announce the release of updates to the Finland and Sweden national reports.

As part of ICCA’s 60th Anniversary celebrations, these events will highlight key findings and general findings of the survey.

Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, are pleased to announce the release of the third and final batch of national reports on the Right to a Physical Hearing Project.

Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, are pleased to release 20 additional reports from New York Convention jurisdictions across the globe.

Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, are pleased to release 22 additional reports from New York Convention jurisdictions across the globe.

ICCA and the Co-editors of the research project “Does a Right to a Physical Hearing Exist in International Arbitration?” Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou are pleased to announce the upload to the ICCA website of the project’s first four national reports.

The impacts of COVID-19 have caused a surge in remote arbitral hearings, raising questions as to whether a right to a physical hearing exists in international arbitration.

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?

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Does a Right to a Physical Hearing Exist in International Arbitration?

Co-editors of the Project

News and Updates

Right to a Physical Hearing Project: Newly Released Updates to Reports

Right to a Physical Hearing Project: Release of the General Report

Right to a Physical Hearing Project: Release of Updates to Reports

Co-editors of the ‘Right to a Physical Hearing in International Arbitration’ project to host two webinars

Right to a Physical Hearing Project: Newly Released Reports Confirm Core Trends and Divergences

Right to a Physical Hearing Project: The Release of 20 New Reports Reinforces Core Trends and Important Divergences

Right to a Physical Hearing Project: The Release of 22 New Reports Reveals Interesting Trends and Significant Convergences

Does a Right to a Physical Hearing in Arbitration Exist in Australia, Italy, Vietnam and the United States?

Introducing 'Does a Right to a Physical Hearing Exist in International Arbitration?' and Calling for Contributions

Read more about the national reports