We are delighted to announce that International Arbitration and the COVID-19 Revolution (2020, Kluwer) has been published. This timely and practical book has been co-edited by Wilmer Cutler Pickering Hale and Dorr LLP Special Counsel, Professor Maxi Scherer. The book includes an empirical survey of users’ experiences with remote hearings, which Professor Gary Born, Chair of the International Arbitration Practice, has contributed to.
The COVID-19 pandemic’s impact on all major economic sectors and industries has triggered 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’. International Arbitration and the COVID-19 Revolution is the first book to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award.
With practical guidance from a variety of perspectives—legal, practical, and sector-specific—on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights 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;
- 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.
With this important new 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 important legal and practical considerations during the crisis and beyond.