Arbitration & ADR updates

Austria

Contributed by Graf & Pitkowitz Rechtsanwalte GmbH
Supreme Court scrutinises admissibility of videoconference hearings
  • Austria
  • 29 October 2020

The Supreme Court recently determined the admissibility of conducting an arbitral hearing by means of a videoconference in the context of challenge proceedings. The court held that even where one party opposes, ordering a remote hearing in arbitration is admissible and does not constitute a reason to challenge the arbitral tribunal. This decision must be regarded as a precedential landmark decision as it appears to be the first decision of any supreme court worldwide to tackle this issue.


France

Contributed by Freshfields Bruckhaus Deringer LLP
Arbitration proceedings during COVID-19 crisis: helpful tips and new developments
  • France
  • 29 October 2020

The COVID-19 pandemic has undeniably disrupted the performance of contracts. Although the Paris Commercial Court has ruled the pandemic to be a force majeure event in a commercial contract, this characterisation may not be retained in all situations. This article provides helpful tips to keep in mind when analysing a contractual situation, in light of French law specificities that might be unknown to foreign companies or counsel involved in arbitration proceedings to which French law applies.


Germany

Contributed by Skadden Arps Slate Meagher & Flom LLP
Dissenting opinions: ground for annulment or mere annoyance?
  • Germany
  • 29 October 2020

Germany is a civil law jurisdiction whose laws do not have an express provision on the admissibility of dissenting opinions in arbitration proceedings. Because dissenting opinions by German judges (except Federal Constitutional Court judges) are prohibited as a violation of the secrecy of deliberations principle, the admissibility of dissenting opinions in arbitration proceedings seated in Germany is controversial.