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The Impact of Covid on International Disputes
Series:
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
With little warning, COVID-19 quickly escalated into a generational crisis, creating sustained havoc seen perhaps only in past cases of war, attack, and natural disasters. In the bedlam of the early months, health, science, political, and economic communities were hit with sudden force, required to quickly shift and rearrange the normal order of work. In arbitration, leaders took imperfect information to make dramatic decisions. In process and procedure, arbitral institutions, arbitrators, legal counsel, and clients were swept into this turmoil. In some cases, bold initiatives, still in design and testing, were quickly put into service, upsetting norms and traditions and the very notions of traditional process.
The Impact of COVID on International Disputes includes contributions from legal practitioners and academics, takes a fresh look at issues addressed in international arbitration during the COVID-19 pandemic, gathering best practices, additional perspective and predictions based on current practices that will help parties, legal counsel and arbitrators in the future.
With little warning, COVID-19 quickly escalated into a generational crisis, creating sustained havoc seen perhaps only in past cases of war, attack, and natural disasters. In the bedlam of the early months, health, science, political, and economic communities were hit with sudden force, required to quickly shift and rearrange the normal order of work. In arbitration, leaders took imperfect information to make dramatic decisions. In process and procedure, arbitral institutions, arbitrators, legal counsel, and clients were swept into this turmoil. In some cases, bold initiatives, still in design and testing, were quickly put into service, upsetting norms and traditions and the very notions of traditional process.
The Impact of COVID on International Disputes includes contributions from legal practitioners and academics, takes a fresh look at issues addressed in international arbitration during the COVID-19 pandemic, gathering best practices, additional perspective and predictions based on current practices that will help parties, legal counsel and arbitrators in the future.
Dr. Shaheeza Lalani holds Common and Civil Law degrees from McGill University and a Ph.D. in Law from the University of Lausanne, where she won the Faculty Prize for her thesis and currently manages the LL.M. Program in International Business Law. Previously Senior Legal Counsel with the Swiss Chambers' Arbitration Institution and Legal Counsel to the Swiss Institute of Comparative Law, she has worked as an Assistant Legal Officer with The Hague Conference on Private International Law and has authored and edited several publications on international law and arbitration.
Professor Steven G. Shapiro teaches, writes, and speaks on topics in complex hospitality issues and construction law at the American University, Washington College of Law. Steven earned his undergraduate degree from Georgetown University in 1984, a law degree from the Georgetown University Law Center in 1987, and a Masters of Law degree from Georgetown Law Center in 1991. In 2004, he received a Masters of Engineering Degree from the University of Maryland.
Professor Steven G. Shapiro teaches, writes, and speaks on topics in complex hospitality issues and construction law at the American University, Washington College of Law. Steven earned his undergraduate degree from Georgetown University in 1984, a law degree from the Georgetown University Law Center in 1987, and a Masters of Law degree from Georgetown Law Center in 1991. In 2004, he received a Masters of Engineering Degree from the University of Maryland.
Preface
Acknowledgments
List of Figures and Tables
Notes on Contributors
Introduction
Mikkel Gudsøe
1 The Rise and Impact of the “Zoom Negotiation” Cross-Cultural Variations in Virtual Negotiations and Lessons from the
covid
-19 Pandemics
Edoardo Agamennone
2 The Impact of the
covid
-19 Pandemic on International Arbitration Practices
Greener Arbitrations with Reduced Due Process Paranoia?
Pratyush Panjwani
3 “Virtual” Dispute Resolution in International Arbitration Mapping Its Advantages and Main Caveats in the Face of
covid
-19
Belen Olmos Giupponi
4 The Impact of
covid
-19 on International Arbitration Procedure
Kristen M. Young, Jennifer A. Ivers, and Katherine Schroeder
5 Salient Considerations for Remote International Arbitration Hearings
Karthik Nagarajan and James J. East Jr.
6 Hearings in International Arbitration What Has the Pandemic Taught Us about Virtual Hearings and What They Can Offer in the Future?
Ben Sanderson, Maria Scott and Sean Croft
7 The Question of Remote Hearings in International Commercial Arbitration
Bahar Hatami Alamdari
8 The Practice of Virtual Hearings during
covid
-19 in Investment Arbitration Proceedings
Bjorn Arp and Edwin Nemesio
9 Ordering Online Arbitration in the Age of
covid-
19 … and Beyond
Amy J. Schmitz
10 Technology as a Vehicle to Enhance Arbitration
Aichell Alvarado
11 The New Landscape of Arbitration in View of Digitalization
Magdalena Łągiewska
12
covid
-19’s Inhospitable? Effects on the Arbitral Community
Helena Tavares Erickson
13 The Impact of
covid
-19 on Arbitration
Luis M. Martinez and Michael A. Marra
14 Impact of
covid
-19 on Arbitration Centers
Elizabeth Roberts
15 Rethinking Costs in International Arbitration A Gift from the
covid
-19 Pandemic
Bamikole Martins Aduloju
Index
Acknowledgments
List of Figures and Tables
Notes on Contributors
Introduction
Mikkel Gudsøe
1 The Rise and Impact of the “Zoom Negotiation” Cross-Cultural Variations in Virtual Negotiations and Lessons from the
Edoardo Agamennone
2 The Impact of the
Pratyush Panjwani
3 “Virtual” Dispute Resolution in International Arbitration Mapping Its Advantages and Main Caveats in the Face of
Belen Olmos Giupponi
4 The Impact of
Kristen M. Young, Jennifer A. Ivers, and Katherine Schroeder
5 Salient Considerations for Remote International Arbitration Hearings
Karthik Nagarajan and James J. East Jr.
6 Hearings in International Arbitration What Has the Pandemic Taught Us about Virtual Hearings and What They Can Offer in the Future?
Ben Sanderson, Maria Scott and Sean Croft
7 The Question of Remote Hearings in International Commercial Arbitration
Bahar Hatami Alamdari
8 The Practice of Virtual Hearings during
Bjorn Arp and Edwin Nemesio
9 Ordering Online Arbitration in the Age of
Amy J. Schmitz
10 Technology as a Vehicle to Enhance Arbitration
Aichell Alvarado
11 The New Landscape of Arbitration in View of Digitalization
Magdalena Łągiewska
12
Helena Tavares Erickson
13 The Impact of
Luis M. Martinez and Michael A. Marra
14 Impact of
Elizabeth Roberts
15 Rethinking Costs in International Arbitration A Gift from the
Bamikole Martins Aduloju
Index
Attorneys engaged in arbitration disputes, arbitrators navigating remote proceedings, law students seeking to understand the nuances of arbitration post-COVID, arbitral institution executives formulating best practices for effective proceedings.