Virtual Arbitrations: Will They Be the New "Normal" Even When We Return To a Normal World?

By Katheleen A. Ehrhart, Freeborn & Peters LLP

Many litigators never dreamed they would ever find themselves cross examining a key witness through their computer screen or making a closing argument to a lineup of small Zoom boxes showing the faces of the triers of fact. Yet, now a full year into the global pandemic, many litigators find themselves doing exactly that. While clients and counsel are agreeing to virtual proceedings out of necessity to keep their cases moving forward, when current restrictions in many jurisdictions make in-person proceedings an unviable option, as counsel begin to navigate the differences between virtual platforms and in person proceedings, the question becomes do virtual arbitrations present certain benefits that might lead to their increased use even when in person proceedings begin regularly occurring again.

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Amsterdam, The Netherlands

A Case Law Update of the Netherlands Commercial Court

By Michiel Teekens, TeekensKarstens advocaten notarissen

The Netherlands Commercial Court (NCC), created on 01 January 2019 and part of the Amsterdam court, is a forum choice court that deals with international commercial disputes. Proceedings and judgments are in English, foreign law can apply to the dispute, and foreign counsels can actively participate. The fee structure is in principle lower compared to arbitration and many jurisdictions allow foreign civil judgments to be recognised and enforced. Recent international developments, such as the creation of the Convention of 02 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, strengthen the concept of extraterritorial enforcement of foreign judgments.

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video conference

Online Dispute Resolution in Our New Normal

By Leslie A. Berkoff, Moritt Hock & Hamroff LLP

Learning to adapt to remote mediation/arbitration has become a necessity for those in the dispute resolution (DR) field at the present time. Until such time as traditional face-to-face meetings return, it is important for neutrals and counsel participating in this arena to become well versed in the online formats. Here are a few key constructs that practitioners should focus on in particular.

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University of Glasgow, Scotland

Expenses in the LCIA: Considerations and Traps for the Unwary

By Liam A. Entwistle, Wright, Johnston & Mackenzie LLP

Article 28 of the London Court of International Arbitration (LCIA) 2014 Rules sets out the rules the Tribunal should follow when awarding costs. The main principle is the general one that costs should reflect the parties’ relative success and failure in the award. Preparation for the expenses outcome at the LCIA should be something that is taken into account at the earliest stages.

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Paris, France

Commercial Leases: A Lot of Disputes Arising from the Health Crisis

By Pierre-Yves Rossignol, Herald

Since the beginning of the health crisis, the French government has taken a series of measures trying to stem the economic and financial consequences of the epidemic linked to the spread of the COVID-19 virus. For almost three months, all shops and businesses (except for food stores) were closed down.

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Tirana, Albania

The Long-Awaited Law on Arbitration Is Almost Here!

By Nensi Seferi, Gjika & Associates Attorneys at Law

Arbitration in the Republic of Albanian has been part of the domestic legal system since the adoption of the Code of Civil Procedure in 1996. However, such a dispute resolution instrument, maybe due to a post-communist Albania, never become popular.

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Cape Town, South Africa

The Pursuit of Social Justice in the South African Common Law of Contract

By Cornelia van Heerden, Heyns and Partners Inc

South Africa has a mixed or hybrid uncodified legal system. It comprises of various legal traditions, including a civil law system informed by Roman-Dutch law; a distinct influence from the English common law system; and a customary law system inherited from the indigenous African population. All these systems are interconnected, and are subject to the Constitution of South Africa, as the Constitution “is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled”. Therefore, our amalgamated legal framework operates in unison, restricted only by the confinements of the Constitution.

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