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Ideas and analysis

Kaplan: How we must adapt to COVID-19

Kaplan: How we must adapt to COVID-19

30 March 2020

Arbitrator Neil Kaplan QC discusses how tribunals and institutions will have to adapt to the new era of social distancing ushered in by the coronavirus pandemic, calling for greater use of video conferencing and flexibility when it comes to compensating arbitrators for delayed cases.

Virtual hearings – the new normal

Virtual hearings – the new normal

27 March 2020

The coronavirus pandemic is requiring the arbitration community to adapt rapidly to a reality that will be with us for the medium or long term – with virtual hearings as the new normal. Canadian arbitrator Janet Walker considers whether it can rise to the challenge.

A call for cosmopolitanism

A call for cosmopolitanism

17 March 2020

Egyptian arbitration specialist Karim Youssef has highlighted how arbitration – and those who practise it – must become more cosmopolitan in mindset if this system of justice is to survive and achieve its full potential.

The coronavirus: what impact?

The coronavirus: what impact?

07 March 2020

GAR considers the impact of the coronavirus on international arbitration and how it might change the way cases are conducted.

Why arbitrators need to confront corruption allegations

Why arbitrators need to confront corruption allegations

04 March 2020

Stéphane Bonifassi and Elena Fedorova of Bonifassi Avocats welcome the French courts’ increasing willingness to reopen arbitral tribunals’ findings on corruption – and argue that arbitrators need to confront such allegations head on, even when parallel criminal proceedings are pending.

Which law governs the arbitration agreement?

Which law governs the arbitration agreement?

27 February 2020

Ben Hornan, Jerome Finnis and Charlie Howell of Hogan Lovells in London consider the implications of the English Court of Appeal’s recent decision in Kabab-Ji v Kout for the question of which law governs an arbitration agreement.

Energy disputes in a world of disruption

Energy disputes in a world of disruption

26 February 2020

The ITA-IEL-ICC joint conference on international energy arbitration in Houston considered shifting politics in Latin America, sustainability and the prospects of a multilateral investment court, as well as 2019’s most important energy-related developments. Maria Slobodchikova of Sullivan & Cromwell in New York reports.

Cocorico! – French approach to the OIC Treaty gives cause to crow

Cocorico! – French approach to the OIC Treaty gives cause to crow

21 February 2020

Hamid Gharavi of Derains & Gharavi in Paris explains how French arbitration law and courts enable parties instituting arbitrations under the OIC treaty to avoid a denial of justice.

Practical steps to address cybersecurity

Practical steps to address cybersecurity

19 February 2020

Akin Gump partner Justin Williams and counsel Jenny Arlington consider recent initiatives to address cybersecurity in international arbitration and what arbitrators, counsel and users can do to manage the risks.

Should a contract designate an arbitral forum?

Should a contract designate an arbitral forum?

07 February 2020

Alice Colarossi and Larry Schiffer of Squire Patton Boggs in New York take stock of recent US case law that demonstrates three pitfalls to avoid when designating, or not designating, an arbitral forum.