The hospitality and construction industries are international economic drivers, with complex economic relationships and diverse legal issues. Cases and rulings are not static and move along a continuum in time and context. The evolution of legal agreements and disputes in hospitality and construction are not confined to any sort of strict schedule.
This volume addresses the many cases and experiences of parties, counsel and arbitrators during the pandemic, and discusses issues such as key contract provisions, the impact of the COVID pandemic on investment treaties, and access to arbitral institutions.
Steven G. Shapiro, FCIArb, teaches, writes, and speaks on hospitality issues and construction law at the American University Washington College of Law. He holds degrees from Georgetown University, plus a Masters of Engineering Degree from the University of Maryland.
Shaheeza Lalani holds law degrees from McGill University and the University of Lausanne, where she currently manages the LL.M. Program. She has worked with the Swiss Chambers' Arbitration Institution and has authored and edited several publications on international arbitration.
Derek Heath is an LL.M. student at the University of Lausanne, where he specialized in international business disputes. He is licensed to practice law in the state of New York in the US. He holds a BA from Louisiana State University and a JD from Loyola University New Orleans College of Law.
Foreword Hospitality and Construction – Two Candidates for Legal Harmonisation
List of Figures and Tables
Notes on Contributors
Part 1
Introduction: Hospitality Disputes
Hadrian Beltrametti-Walker
1 Funding Construction and Hospitality Disputes in the Time of
covid
Fernando Ortega and Giacomo Lorenzo
2 After
covid
, Unintended Economic Partners and Adversaries When Banks Foreclose on Properties – a Game Theory Approach: Coopetition
Amadeu Blasco Muñoz
3 The Importance and Impact of Risk Allocation Clauses for Payment Obligations in Hospitality Contracts as Demonstrated by
covid
-19 Litigation
John D. Wilburn, Richard D. Holzheimer, Jr. and Kang He
4 Disputes under Hotel Management Agreements: before, during, and After
covid
-19
Thomas R. Snider and Greig Taylor
5 Government Measures and Investment Treaty-Based Claims
Eckhard Hellbeck
6 The Private and Public International Law Dimension of Arbitrations Arising Out of the Hospitality Industry as a Result of the
covid
-19 Pandemic
Bernhard Maier and Olivia Flasch
Part 2
Introduction: Construction Disputes
Katherine Simpson
7 Abeyance to Resuscitation – Construction Arbitration in the Post-
covid
Era
Gautam Mohanty and Yasaschandra Devarakonda
8 Investor-State Arbitration and the International Construction Sector
R. Zachary Torres-Fowler, Jamey Collidge, and Cindy Lee
9 Expedited Arbitration as an Alternative to Dispute Boards during the Course of International Construction Projects
Pierre Yves Gunter and Anya Marinkovich
10 To What Port You Sail: Make Your Call on Demand Guarantees
Martina Magnarelli
11
covid
and Construction Disputes: Lessons Learnt and the Future Outlook
Oluwaseun Oloruntimehin
Conclusion
Steven G. Shapiro
Index
Attorneys and executives engaged in international disputes in construction and hospitality matters, arbitrators navigating complex proceedings, law students seeking to understand these matters, and arbitral institutions formulating best practices.