Hogan Lovells contributes to research project on the right to a physical hearing in international arbitration

Press releases | 10 February 2021

London, 10 February 2021 – Nata Ghibradze (Munich) and Wojciech Marchwicki (Warsaw), members of the Hogan Lovells International Arbitration practice, participated in a research project, in collaboration with the International Council for Commercial Arbitration (ICCA), examining whether arbitration users have a right to a physical hearing.

The project, co-edited by Giacomo Rojas Elgueta of the Roma Tre University School of Law and James Hosking and Yasmine Lahlou, covers 86 jurisdictions and has so far found that the right to a physical hearing may be excluded from a number of jurisdictions' arbitration laws.

The 22 countries included in the first set of reports released on Monday are Bahrain, Belgium, Brazil, Canada, Colombia, Czech Republic, Denmark, England and Wales, France, Georgia, Greece, Hungary, India, Indonesia, Mexico, Morocco, New Zealand, Peru, Russia, South Africa, Sri Lanka and Turkey.

The findings, also released this week, note that in these jurisdictions, except for Indonesia, the arbitrators’ procedural discretion is limited by their duty to safeguard the parties’ due process rights.

Read the full report here.