J. Ole Jensen, Author at Kluwer Arbitration Blog

Austria, COVID-19, Due process, Hearings

In a ‘First’ Worldwide, Austrian Supreme Court Confirms Arbitral Tribunal’s Power to Hold Remote Hearings Over One Party’s Objection and Rejects Due Process Concerns

Maxi Scherer (WilmerHale & Queen Mary University of London) and Franz Schwarz, Helmut Ortner, J. Ole Jensen (WilmerHale)/October 24, 2020October 23, 2020 /4 Comments

On 23 July 2020, the Austrian Supreme Court (Oberster Gerichtshof, OGH) rendered a decision examining whether conducting an arbitration hearing by videoconference over the objection of a party may violate due process (Case No. 18 ONc 3/20s). To the authors’ knowledge, this decision, rendered in the context of the COVID-19 pandemic, is the first national supreme court’s…

Arbitration, Arbitration institution, Dispute Resolution, ISDS

It Takes Pressure to Form Diamonds: The Changing Landscape of Dispute Resolution and its Implications for International Arbitration

Klaus Peter Berger (University of Cologne, Center for Transnational Law (CENTRAL)) and J. Ole Jensen (WilmerHale)/May 23, 2016January 12, 2019 /Leave a comment

When questioned what the users of arbitration expect from the process and what its main pitfalls are, the answer is usually unequivocal: the need for time and cost-efficient proceedings leading to a well-considered decision is not consistently met. The reason for this complaint is obvious: the ‘Golden Age’ of arbitration has made way for a…