REUTERS | Susana Vera
REUTERS | Jacky Naegelen
Paris Arbitration Week 2020, originally scheduled for 30 March to 3 April, was one of the first major conference series to be postponed due to COVID-19, with new dates arranged for 6 to 10 July. At the time of postponement, the intention was very much for the event to take place as normal, as an in-person event, some three months later. Unfortunately, at that time, no one knew just how severe the COVID-19 crisis would become. Faced with a decision of what to do, having already postponed once, the organisers took the innovative decision to hold Paris Arbitration Week as an entirely virtual conference. Continue reading
REUTERS | Mike Blake
Almost a decade after the first directly opposing decisions in the case of Dallah, the French and English courts have, once again, rendered contrary decisions in the case of Kabab-Ji v Kout Food Group. Continue reading
REUTERS | Fabrizio Bensch
Since governments started imposing lockdowns and stay-at-home orders in countries around the world, remote working has become the “new normal”. Boardrooms, power suits and (thankfully) the commute to work are a thing of the past; we’re now in the era of the business-casual and “virtually” brilliant. Could this shift in mindset be used as a springboard to bring much-needed diversity to international arbitration? Continue reading
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 | Kevin Coombs
In the recent decision of Filatona Trading Ltd and another v Navigator Equities Ltd and others, the Court of Appeal acknowledged the possibility that a disclosed but unnamed principal could be excluded from relying on an arbitration agreement in a contract concluded by its agent. Continue reading
REUTERS | Mike Hutchings
July 7, 2020
The Africa Arbitration Academy Protocol on Virtual Hearings in Africa: taking virtual hearings to the 21st century
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
July 6, 2020
The hitchhiker’s guide to virtual hearings (Part 2)
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:
- Hearing platform.
- Document presentation.
- Confidentiality and security.
- Witness examination.
- Advocacy.
REUTERS | Lisi Niesner
July 3, 2020
The hitchhiker’s guide to virtual hearings (Part 1)
As COVID-19 swept the world, and face-to-face meetings have diminished, the legal profession was forced to adapt. For arbitration, this has resulted in a new way of virtually conducting oral hearings. Continue reading