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Arbitration Procedure

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In its landmark decision under docket no. 18 ONc 3/20s[1], published on 28 September 2020, the Austrian Supreme Court (Oberster Gerichtshof “OGH”) established two important principles for arbitral tribunals seated in Austria: The conduct of hearings via videoconference – despite a party’s express objection – lies within the arbitral tribunal’s discretion and does not meet the high threshold of arbitrator challenges. (RS0133230)[2]A negative, non-verbal reaction (here: “eye rolling”) of an arbitrator to a verbal pleading…

Baker & McKenzie will be “hosting” the ICDR Y&I online debate on virtual hearings and cybersecurity, on Wednesday, July 24 at 11:00 am ET (5:00 pm CET). The debate teams will square-off on the following topics: Virtual hearings should remain the exception rather than the norm.Arbitral institutions must do more to address cyber-security risks in international arbitration. The debate will be in the style of the very lively Coffeehouse Debate held every year in Vienna…

In 2017, the Swiss Government released a draft bill aiming at a reform of the Swiss international arbitration legislation. On 9 June 2020, after several rounds of discussions and amendments in the two Swiss parliamentarian Chambers, the final version of the international arbitration law reform was approved. Key features of the reformed Swiss international arbitration legislation The main new features of the reformed Swiss international arbitration legislation (enshrined in Chapter 12 of the Private International Law…

On December 12, 2019, the Hague Rules on Business and Human Rights Arbitration (“the Rules on Human Rights Arbitration”) were launched at the Peace Palace in The Hague. The Rules on Human Rights Arbitration provide for the administration of arbitrations concerning disputes related to the impact of business activities on human rights. The Rules on Human Rights Arbitration are based on the UNCITRAL Arbitration Rules (as adopted in 2013) with modifications needed to address issues…