International Arbitration and the COVID-19 Revolution PDF Download

Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
ISBN: 9403528435
Category : Law
Languages : en
Pages : 314

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Book Description
International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic 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’. This timely book is the first 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; arbitrator appointments; 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. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical 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.

Author: Gloria M. Alvarez
Publisher: Kluwer Law International B.V.
ISBN: 904119973X
Category : Law
Languages : en
Pages : 462

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Book Description
Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

Author: Shaheeza Lalani
Publisher: BRILL
ISBN: 900451483X
Category : Law
Languages : en
Pages : 293

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Book Description
The open access publication of this book has been published with the support of the Swiss National Science Foundation. With little warning, COVID-19 quickly escalated into a generational crisis, creating sustained havoc seen perhaps only in past cases of war, attack, and natural disasters. In the bedlam of the early months, health, science, political, and economic communities were hit with sudden force, required to quickly shift and rearrange the normal order of work. In arbitration, leaders took imperfect information to make dramatic decisions. In process and procedure, arbitral institutions, arbitrators, legal counsel, and clients were swept into this turmoil. In some cases, bold initiatives, still in design and testing, were quickly put into service, upsetting norms and traditions and the very notions of traditional process. The Impact of COVID on International Disputes includes contributions from legal practitioners and academics, takes a fresh look at issues addressed in international arbitration during the COVID-19 pandemic, gathering best practices, additional perspective and predictions based on current practices that will help parties, legal counsel and arbitrators in the future.

Author: Richard E. Rubenstein
Publisher: Routledge
ISBN: 1000388697
Category : Political Science
Languages : en
Pages : 152

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Book Description
In this edited volume, experts on conflict resolution examine the impact of the crises triggered by the coronavirus and official responses to it. The pandemic has clearly exacerbated existing social and political conflicts, but, as the book argues, its longer-term effects open the door to both further conflict escalation and dramatic new opportunities for building peace. In a series of short essays combining social analysis with informed speculation, the contributors examine the impact of the coronavirus crisis on a wide variety of issues, including nationality, social class, race, gender, ethnicity, and religion. They conclude that the period of the pandemic may well constitute a historic turning point, since the overall impact of the crisis is to destabilize existing social and political systems. Not only does this systemic shakeup produce the possibility of more intense and violent conflicts, but also presents new opportunities for advancing the related causes of social justice and civic peace. This book will be of great interest to students of peace studies, conflict resolution, public policy and International Relations.

Author: Laurence Boisson de Chazournes
Publisher: BRILL
ISBN: 9004479228
Category : Business & Economics
Languages : en
Pages : 307

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Book Description
This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies. Published under the Transnational Publishers imprint.

Author: Burkhard Hess
Publisher: BRILL
ISBN: 9004384901
Category : Law
Languages : en
Pages : 336

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Book Description
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

Author: National Intelligence Council
Publisher: Cosimo Reports
ISBN: 9781646794973
Category :
Languages : en
Pages : 158

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Book Description
"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.

Author: Chiara Giorgetti
Publisher: Martinus Nijhoff Publishers
ISBN: 9004276572
Category : Law
Languages : en
Pages : 566

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Book Description
Each year a growing number of complex and distinctive cases are filed in diverse forums which specialize in international investment arbitration. Until now, however, no single manual has guided practitioners through the many complexities involved in international investment arbitration proceedings - from whether and how to initiate arbitral proceedings to the enforcement of the award and available post-award remedies. Litigating International Investment Disputes: A Practitioner’s Guide fills this lacuna by serving as a comprehensive resource for those who are new to international investment arbitration, as well as for the seasoned practitioners. The diverse group of contributors are highly experienced experts and practitioners, who have acted as counsel and arbitrators, and served in institutions which routinely administer international investment arbitration proceedings.

Author: Cory H. Kent
Publisher: BRILL
ISBN: 9004450165
Category : Law
Languages : en
Pages : 235

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Book Description
Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.

Author: Alexander Samuel Wilkinson
Publisher: BRILL
ISBN: 9004402527
Category : History
Languages : en
Pages : 301

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Book Description
The early modern European book world was confronted with many crises and controversies. Some conflicts were of such monumental scale that they wrought significant reconfigurations of the trade. Others were more quotidian in nature – evidence of the intensely competitive and at times predatory nature of the industry. How publishing negotiated and responded to the various crises, conflicts and disputes of the age is explored by the rich and varied interdisciplinary contributions in this volume. To succeed in the business of books, printers and publishers needed to seize the advantage in the often complex environments in which they operated. What was required was determination, resilience, and inventiveness, even in the most challenging of times.