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WE TOOK PART IN THE ‘HEARING PROJECT’ OF INTERNATIONAL COUNCIL FOR COMMERCIAL ARBITRATION
10 March 2021
Our managing partner, dr.Richard Schmidt has recently participated as national reporter in a project, launched by the International Council for Commercial Arbitration, focusing on the legality of remote hearings in international arbitration.
The coronavirus affects every branch of the law, and international arbitration is not an exception. To preserve rapidity, as one of the most important advantages of arbitration in comparison with state court litigation, remote hearings or e-hearings become more and more crucial in arbitral proceedings, yet their legality is not unequivocal in every jurisdiction.
This is the reason why the International Council for Commercial Arbitration decided to launch a project in September 2020 with the following title: Does a Right to a Physical Hearing Exist in International Arbitration?
The project has been co-edited by Giacomo Rojas Elgueta (D|R Arbitration), James Hosking and Yasmine Lahlou (Chaffetz Lindsey LLP), who coordinated the work of the national reporters from 86 New York Convention Jurisdictions.
Our Managing Partner, dr.Richard Schmidt contributed to the project as national reporter for Hungary, which is a member state of the New York Arbitration Convention for 60 years.
The national report for Hungary, prepared by Richard has been published by the ICCA on 8th February 2021 together with another 21 reports from various jurisdictions.
The Hungarian national report analyses the legality of remote hearings in arbitral proceedings in two scenarios: in case the parties have not expressly excluded the possibility of remote hearings, and when they expressly agreed that physical hearings shall be held in the arbitration.
Besides examining the relevant legal sources, the national report encompasses the relevant legal literature and decisions of Hungarian courts in setting aside and recognition & enforcement proceedings.
The national report can be freely accessed and downloaded from the website of the ICCA, by clicking here. https://www.arbitration-icca.org/right-to-a-physical-hearing-international-arbitration
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