REUTERS | Leonhard Foeger
REUTERS | Leonhard Foeger

Where the impact of restructuring and insolvency on arbitration is concerned, we have identified three distinct stages:

  • Arbitrations commencing after an insolvency process (post insolvency).
  • Insolvency processes occurring prior to an award but after the arbitration proceedings have commenced or where an arbitration and insolvency process run in tandem (mid-arbitration).
  • Arbitrations which have commenced prior to an insolvency process but where the award has not been enforced nor satisfied (award enforcement).

Part 1 of this blog examined the first two of these stages. This part 2 will consider the third stage, as well as the new standalone moratorium under the Corporate Insolvency and Governance Act 2020. Continue reading

REUTERS | Darrin Zammit Lupi

Increasing global pressures on businesses have and will for the foreseeable future lead to an increase in corporate restructurings, as businesses attempt to weather the current economic and commercial storm.

With corporations relying increasingly on arbitration to resolve their disputes, particularly those engaging in cross-border trade, it is only a matter of time before parties are faced with having to deal with the effects of restructuring and insolvency processes on arbitration proceedings and awards. Continue reading

REUTERS | Mike Hutchings

In April 2020, the Africa Arbitration Academy released a Protocol on Virtual Hearings in Africa. While not the first protocol to be released on the subject, it is a timely initiative for African practitioners, especially given that the ongoing COVID-19 pandemic, which has led to strict social distancing measures and travel restrictions in many countries, has brought about a surge in the use of virtual hearings in international arbitration. Continue reading

REUTERS | Navesh Chitrakar

When considering virtual hearings in arbitration, there are a number of matters which require discreet consideration beyond that of an ordinary face-to-face hearing. For ease, I would put those into five categories, the first and second of which I addressed in Part 1, with an analysis of the remaining categories in this second blog:

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REUTERS | Ralph Orlowski

International bar associations and chambers of commerce are increasingly recognising both the central role and evolving expectations of the legal profession in responding to climate change. The International Bar Association (IBA), the International Chamber of Commerce (ICC), the Stockholm Chamber of Commerce (SCC) and the American Bar Association (ABA), among others, have recently issued statements and reports covering various topics related to climate change and the legal sector. These initiatives provide guidance on how lawyers, legal practice and dispute resolution processes can help states, businesses, communities and individuals address contributions to, and impacts from, climate change. Continue reading

REUTERS | Luke MacGregor

Generally speaking, commercial arbitrations which are seated in England and Wales must be conducted as expeditiously as possible. However, as well-intentioned as the tribunal and parties may be, COVID-19 continues to cause much delay in the conduct of international arbitration. Since the pandemic began, legal counsel have been fielding and responding to requests for delay and alterations to the regular procedure of ongoing arbitrations. This post doesn’t seek to express a view on the merits of such applications but attempts to shine a light on the kinds of applications that practitioners are now facing on a day-to-day basis.

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REUTERS | Hannah McKay

Arbitrating commercial disputes has often been considered an agile resolution process, and the reaction of arbitral institutions to the disruption caused by the COVID-19 pandemic has been further evidence of this. However, as the economic impact of the lockdown begins to take its toll, companies and their legal teams will be looking to achieve cost and time efficiency in the conduct and management of commercial disputes. In-house lawyers, under pressure to keep costs down, will watch with interest to see whether the emergence of alternative, more digitised and expedited arbitration services will create a new landscape for arbitration.

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