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International Arbitration and the COVID-19 Revolution by SCHERER

International Arbitration and the COVID-19 Revolution

Edited by Maxi Scherer, Niuscha Bassiri, Mohamed S. Abdel Wahab
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Overview

International Arbitration and the COVID-19 Revolution is a timely book that elucidates and analyses how the COVID-19 crisis has redefined arbitral practice, with a critical appraisal of the pandemic’s effects from well-known practitioners on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. The COVID-19 pandemic has deeply impacted all major economic sectors and industries and elicited profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’.

What’s in this book:

With practical guidance from legal, practical and sector-specific perspectives on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters shed light on the insights of leading practitioners into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following:

  • preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance;
  • arbitrator appointments;
  • issues of planning, preparation and sample procedural orders;
  • witness preparation and cross-examination;
  • e-signature of arbitral awards;
  • setting aside and enforcement proceedings; and
  • third-party funding.

An empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats have also been incorporated in the book.

How this will help you:

With this well-timed and pragmatic book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most relevant legal and practical considerations during the crisis and beyond.

 

Publish Date 11/13/2020
Product Line Kluwer Law International
ISBN 9789403528458
SKU 10086660-0001
Table of Contents

Editors

Contributors

Preface

Chapter 1     Dispute Prevention, Management and Resolution in Times of Crisis Between Tradition and Innovation: The COVID-19 Catalytic Crisis

Mohamed S. Abdel Wahab

Chapter 2     Initiating and Administering Arbitration Remotely

Patricia L. Shaughnessy

Chapter 3     Arbitrator Appointments in the Age of COVID-19

Catherine A. Rogers & Fahira Brodlija

Chapter 4     The Legal Framework of Remote Hearings

Maxi Scherer

Chapter 5     Conducting Remote Hearings: Issues of Planning, Preparation and Sample Procedural Orders

Niuscha Bassiri

Chapter 6     Remote Advocacy, Witness Preparation & Cross-Examination: Practical Tips & Challenges

Wendy Miles QC

Chapter 7     Empirical Study of Experiences with Remote Hearings: A Survey of Users’ Views

Gary Born, Anneliese Day QC & Hafez Virjee

Chapter 8     E-Signature of Arbitral Awards

Erik Schäfer

Chapter 9     Challenges to Remote Arbitration Awards in Setting Aside and Enforcement Proceedings

Erica Stein

Chapter 10      Third-Party Funding and COVID-19

Dana MacGrath, Cheng-Yee Khong, Annie Lespérance & Nilufar Hossain

Chapter 11      The COVID-19 Revolution: The Future of International Arbitration Is not over Yet

Ema Vidak Gojkovic & Michael McIlwrath

Chapter 12      COVID-19 and Construction Disputes

Todd Wetmore & Simon Elliot

Chapter 13      COVID-19 and Energy Disputes

Samaa A.F. Haridi & Samuel L. Zimmerman

Chapter 14      COVID-19 and Aviation Disputes

Johnny Champion, Rupali Sharma & Patrick Bettle

Chapter 15      COVID-19 and Technology, Media and Telecommunication Disputes

Olga Hamama & Danielle Herrmann

Chapter 16      Finance Disputes and a Pandemic: The Eye of a Perfect Storm?

Philippa Charles

Chapter 17      COVID-19 and Insurance Disputes

Alexander J. Oddy & Chris Parker

Appendix         Conducting Remote Hearings Against a Party’s Wishes: Overview of Arbitration Laws of Main Arbitral Seats

Amina Afifi

 

Testimonials

See what our clients are saying:

“This publication, the first of its kind, serves as essential reading for practitioners and arbitrators who are grappling with COVID-19 related issues and transitioning into the new normal. From advice on dispute prevention to a sample procedural order no. 1 which contemplates virtual hearings, so many aspects of this book are immediately useful. I could not recommend this book more strongly and expect it to be one of the most downloaded publications for some time.” 

Chiann Bao, Arbitration Chambers

 “COVID-19 is a challenge to arbitration but is an opportunity as well since it obliges all interested parties to reconsider what had become a routine in order to focus on the absolutely necessary. This book regroups deep intellectual analysis and practical experiences in this regard and is an indispensable tool for those who are presently struggling to maintain arbitration afloat in the present dire circumstances while trying to improve its future.” 

Yves Derains, Derains & Gharavi

“The COVID crisis has forced us to step out of our comfort zone and implement changes at an exponential speed. This book recounts the many impacts of this disruption. It shows the reactivity of the arbitration community and the adaptability of arbitration. It also explores the practice of the new normal in international arbitration. What it tells us about it may well be here to stay. This and much more make the book a most valuable resource.” 

Gabrielle Kaufmann-Kohler, Lévy Kaufmann-Kohler

“This excellent volume, comprising contributions of impeccable quality, contains an analytical discussion of the impact of the pandemic on dispute resolution across a range of industry sectors. It is also the first of its kind to address, and also provide a practical toolkit to navigate, the many logistical, procedural and due process challenges of moving hearings online. This timely and well-researched book, which will be consulted frequently both by practitioners and scholars, is a must-have for any arbitration library.” 

Promod Nair, Arista Chambers

“This publication is very timely as the world remains in the grip of the COVID-19 pandemic. It helps its readers navigate thorny and novel issues raised by the pandemic on arbitration as a process, pre and post arbitral hearings, which the arbitration community will find informative, challenging and engaging at the same time. I very much welcome and recommend this text to our community. A huge well done to the authors and editors for challenging us and preparing us to continue to function in the context of this continuing pandemic.”

Emilia Onyema, SOAS, University of London

“A concise and profound analysis of the present of arbitration under extraordinary circumstances, but also a must-read guide to understand how our practice will change in the future.  A landmark publication.”

Eduardo Zuleta J., Zuleta Abogados Asociados

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