Does a Right to a Physical Hearing Exist in International Arbitration? - Austria Report
By EsqSocial Corporation 22/03/21
The Austrian Code of Civil Procedure (“ZPO”) contains a special part dedicated to arbitral proceedings (Sections 577 to 618 ZPO). This forms the Austrian lex arbitri. Section 598 ZPO provides that each party in arbitration has a right to an “oral hearing”: “Oral Hearings and Written Proceedings: Unless the parties have otherwise agreed, the arbitral tribunal shall decide whether to hold oral hearings, or whether the proceedings shall be conducted in writing. Where the parties have not...
By: WilmerHale