The Austrian Supreme Court, Due Process And Covid-19: Conducting Virtual Arbitration Hearings Over Party Objections

In a landmark decision, rendered on 23.07.2020,¹ the Austrian Supreme Court (Oberster Gerichtshof, OGH) considered the validity of conducting arbitral hearings via electronic means of videoconferencing despite party objections. The Court held that in the context of challenge proceedings, remote hearings in arbitration are admissible provided they do not violate principles of due process that would otherwise give rise to a rightful challenge of the tribunal. 

The case is notable for a number of reasons. Firstly, it constitutes the first decision by a national Supreme Court examining the admissibility of remote videoconference hearings in absence of a party's consent. Additionally, it offers practical guidance on procedural matters and addresses concerns regarding the effective prevention of witness tampering during the remote taking of evidence.