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International Arbitration and the COVID-19 Revolution

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

ISBN13: 9789403528458
Published: November 2020
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £165.00



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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.

  • Subjects:
    Arbitration and Alternative Dispute Resolution
    Contents:
    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