1) The use of video conferencing technology does not constitute a violation of Art. 6 ECHR, even if one of the parties does not agree with such a hearing. Art. 6 ECHR includes not only the right to be heard, but also the right to the granting of justice, which in turn is closely linked to the right to effective judicial protection. Conducting hearings by videoconference can save costs and time and thus promotes the enforcement of rights while at the same time safeguarding the right to be heard.
2) The examination of witnesses by means of a video conference offers the arbitral tribunal and the parties possibilities of control against abuse. In part, these go beyond those of a conventional hearing, because all participants have the (technical) possibility to observe the questioned person frontally and closely and also to record their questioning.
b-Arbitra | Belgian Review of Arbitration