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What if parties don't agree on a virtual hearing? A pandemic pathway

What if parties don't agree on a virtual hearing? A pandemic pathway

06 May 2020

What is the power of arbitral tribunals to make determinations if parties do not agree on holding a virtual hearing during the coronavirus pandemic? Mohamed S Abdel Wahab has shared a potential pathway.

Time for more transparency on sovereign debt

Time for more transparency on sovereign debt

05 May 2020

In recent years, several countries have been on the receiving end of multibillion-dollar arbitration awards, without formally acknowledging these debts as part of their overall sovereign indebtedness. Starla Griffin of Slaney Advisors, which advises on the sale of investor-state arbitration claims and awards, argues it is time for this practice to stop.

5G spectrum expropriation in the satellite sector: a new source of disputes?

5G spectrum expropriation in the satellite sector: a new source of disputes?

05 May 2020

A webinar held by public international law firm Volterra Fietta considered a potential new basis of investor-state arbitration claims: the reallocation of the communications spectrum from satellite operators to terrestrial telecoms operators desiring C-band frequencies for use in 5G.

Decentralised justice: reinventing arbitration for the digital age?

Decentralised justice: reinventing arbitration for the digital age?

01 May 2020

Independent arbitrator Sophie Nappert and Federico Ast, the founder and CEO of peer-to-peer blockchain dispute resolution provider Kleros, ask whether a form of online “decentralised justice” is emerging to change the face of arbitration as we know it.

Circumventing arbitration via a winding-up petition

Circumventing arbitration via a winding-up petition

30 April 2020

After a long-awaited ruling by the Singapore Court of Appeal, Debby Lim of restructuring and insolvency boutique BlackOak and Arvin Lee of Wee Swee Teow in Singapore consider how creditors may seek to circumvent an arbitration agreement by means of a winding-up petition and how a debtor can combat such moves.

What covid-19 means for Latin American arbitration

What covid-19 means for Latin American arbitration

29 April 2020

The coronavirus pandemic and accompanying economic and political crisis is creating challenges and opportunities for arbitration practitioners across Latin America says Aníbal Sabater, partner at Chaffetz Lindsey in New York – and could lead to something close to a revolution in the field of investment arbitration.

Why "lit to arb" should be welcomed to avoid pandemic delays

Why "lit to arb" should be welcomed to avoid pandemic delays

28 April 2020

James Foster, an investment manager at Litigation Capital Management with experience of international arbitration, litigation and ADR in the building and construction sector, welcomes a proposed protocol by barristers at Twenty Essex to convert delayed litigation to arbitration during the coronavirus pandemic.

Can arbitration rescue trials stalled due to covid-19?

Can arbitration rescue trials stalled due to covid-19?

28 April 2020

With courts subject to state lockdowns owing to the coronavirus pandemic, barristers Gordon Nardell QC and Angharad Parry of Twenty Essex in London are working on a protocol whereby cases in England and Wales that have stalled can be heard in arbitration instead – and say there is no reason why the approach should not be extended to other jurisdictions.

Arbitrating competition law disputes: US and European perspectives

Arbitrating competition law disputes: US and European perspectives

22 April 2020

After the US Department of Justice’s victory in its first-ever arbitration of an antitrust matter, Hogan Lovells partners Meghan Rissmiller, Thomas Kendra and Christian Ritz ask if arbitration represents the way forward in competition law.

Covid-19: learn from the Skagit Valley Chorale

Covid-19: learn from the Skagit Valley Chorale

08 April 2020

David Branson, an arbitrator and counsel based in Washington, DC, points to the tragedy that befell a US choir to warn of the risks of holding an in-person arbitration hearing during the coronavirus pandemic and argues that, for technology to be successfully used instead, institutions need to provide "office theatres" with movie-quality sound and visuals.