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International Arbitration and the COVID-19 Revolution

Gebonden Engels 2020 9789403528458
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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’.

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.

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.




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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

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