‘Does video conferencing have a confidentiality issue in arbitration hearings?’

Abstract

In a decision dated 23 July, 2020, the Austrian Supreme Court (Oberster Gerichtshof) issued a decision on holding an arbitration hearing by videoconference. It had to determine whether this procedure violated the rights of the defence. This was one of the first decisions on this issue in the context of the Covid-19 pandemic (Case No. 18 Onc 3/20s). The Austrian Supreme Court confirmed that remote hearings were generally allowed under Austrian arbitration law, that the arbitral tribunal enjoyed a wide discretion in the organization and conduct of the proceedings and that therefore the rights of the defense were respected (Case No. 18 Onc 3/20s § 4).