GAR Volume 15 - Issue 3
Over half a year has passed since the outbreak of the coronavirus pandemic and arbitration practitioners are still grappling with the practicalities of working remotely.
The viability of the arbitral process in this period has become premised on both parties agreeing that the case can move forward through remote hearings. But what happens if one side does not play ball? What if there is no agreement on how a proceeding should proceed?
Enter Egyptian arbitrator Mohamed S Abdel Wahab, who in our cover feature shares a six-point pandemic pathway for parties and tribunals on how to navigate their way out of such situations.
The everyday issues raised by remote working are no less important to practitioners. Canadian arbitrator Janet Walker, who wrote in GAR’s last magazine about this “new normal” of virtual hearings, returns to share wisdom on some of these practical problems.
Expect answers to questions including: whether natural light is your friend on a video call, if you should switch up the folksy charm of your personal spaces for a virtual exotic beach and why senior practitioners and videogamers will increasingly be seen together on shopping trips.
In our third feature, Aníbal Sabater, partner at Chaffetz Lindsey in New York, takes a closer look at the impact of the pandemic and the accompanying political and economic fallout in Latin America, arguing it is creating challenges and opportunities for practitioners in the region and could result in a revolution in investment arbitration.
European investment arbitration has already been revolutionised in recent months by 23 states terminating their intra-EU bilateral investment treaties. But another seismic change may be around the corner, with Ashique Rahman and Sam Winter-Barker of disputes boutique Fietta arguing that a forthcoming ruling from the European Court of Justice may also limit the ability of EU member states to enter into contract-based arbitration with private parties.
We also report on Russia’s request for the ECJ to consider questions arising from what the state describes as the “seriously flawed judgment” of The Hague Court of Appeal to reinstate the US$50 billion awards in the Yukos arbitrations.
The magazine concludes by reflecting on the deaths of two well-known and much loved figures in the arbitration community: former ICC secretary general Stephen Bond, who helped reform the institution in the late 1980s, and Derek Roebuck, a legal scholar who chronicled the history of arbitration.
In this magazine:
- What covid-19 means for Latin American arbitration
- Lights, camera, action – a checklist for virtual hearing participants
- What if parties don’t agree on a virtual hearing? A pandemic pathway
- A defining moment for arbitration within Europe
- Will Yukos go before the ECJ?
- The shifting roles of states and state entities?
- 5G spectrum expropriation in the satellite sector: a new source of disputes?
- Obituaries: Stephen Bond and Derek Roebuck