Topic: Coronavirus

Germany fails in second challenge to Vattenfall panel

Germany has failed in a second attempt to disqualify the ICSID tribunal hearing a €4.7 billion claim brought by Swedish company Vattenfall over its phase-out of nuclear energy – after arguing that an arbitrator’s failure to disclose an alleged issue conflict and the tribunal’s refusal to delay a hearing in the face of the covid-19 pandemic showed bias.

09 July 2020

Peru threatened over coronavirus emergency measure

A road concessionaire has reportedly threatened to bring a claim against Peru over a law suspending the collection of tolls in response to the coronavirus outbreak, which if filed would be the first known arbitration brought against a state over its handling of the pandemic.

05 June 2020

Mexico faces potential claims over pandemic response

Several investors are considering bringing investment treaty claims against Mexico after the state placed restrictions on renewable energy production citing a fall in demand caused by the coronavirus pandemic – amid doubt that this is the real motive.

22 May 2020

Lights, camera, action - a checklist for virtual hearing participants

Canadian arbitrator Janet Walker, who has previously written for GAR about the "new normal" of virtual hearings during the coronavirus pandemic, outlines practical steps we can take to ensure the best experience of such hearings.

14 May 2020

Major hearing centres team up

Three leading international arbitration hearing centres, the International Dispute Resolution Centre in London, Maxwell Chambers in Singapore and Arbitration Place in Toronto and Ottawa, have joined forces to form a new alliance offering "global hybrid hearings" in response to the coronavirus pandemic.

13 May 2020

Think tank calls for ban on treaty claims during pandemic

There should be a moratorium on treaty claims by private corporations against governments during the coronavirus pandemic, as well as a permanent ban on claims related to government measures in response to the crisis, according to a letter circulated by a US think tank yesterday.

07 May 2020

Tribunal refuses to suspend Bolivia claim over pandemic

A tribunal at the Permanent Court of Arbitration has refused to suspend an investment treaty claim against Bolivia after the state argued that the coronavirus pandemic had made work on its statement of defence “virtually impossible.”

30 April 2020

African body unveils pandemic protocol

In response to the coronavirus pandemic, the Africa Arbitration Academy has unveiled a protocol on virtual hearings in Africa, taking into account the specific challenges that may arise in that continent.

30 April 2020

What covid-19 means for Latin American arbitration

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.

29 April 2020

Can arbitration rescue trials stalled due to covid-19?

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.

28 April 2020

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