International Arbitration in the Face of COVID-19

London-based Damian Honey and Nicola Gare of the international law firm HFW have published a timely briefing titled “Questions and Answers on How Best to Deal With International Arbitration in the Face of COVID-19.” According to the authors’ briefing, some options to consider when preparing for upcoming international arbitration hearings include adjournment, agreeing to an entirely documents-based decision, and proceeding with a remote hearing.

In their briefing, the authors describe some potential issues to consider such as illness and cybersecurity concerns when choosing to proceed with a remote arbitration hearing.  They also include a useful list outlining how many international arbitration institutions are currently handling the COVID-19 pandemic.

• London Court of International Arbitration (LCIA) encourages the use of online filing for requests and bank transfers/credit card payment for fees, parties can also make use of its online filing/registration facility at this link.  Email is to be used for applications and correspondence, and awards will be emailed to the parties with hard copies to follow once it has re-opened (LCIA Services Update: COVID-19).

• International Chamber of Commerce (ICC) requests for arbitration, emergency arbitration (including exhibits) to be filed with the Secretariat by email. At the time of writing the ICC confirms that all hearings scheduled to take place at the ICC Hearing Centre in Paris have been postponed or cancelled (ICC guidance). Remote hearings will be explored.

• Hong Kong International Arbitration Centre (HKIAC), has not closed its centre and is prepared to hold physical hearings (Precautionary measures at HKIAC in response to COVID-19), although enables remote hearings as well (eHearings guidance)

• Singapore International Arbitration Centre (SIAC) asks that all applications and communications are sent via email, with payments are to be via electronic bank transfer (COVID-19: SIAC Case Management Update).

• Arbitration Institute at the Stockholm Chamber of Commerce (SCC) asks that requests for arbitration or applications for emergency arbitrators are sent via email (SCC: COVID-19: How the SCC is responding).

• The Swiss Chambers’ Arbitration Institution, asks for applications for emergency relief, notices of arbitration and answers to the notice to be filed by email as well as by post/courier, and will correspond via email (see Swiss Chambers: Our continued commitment to supporting you).

• The German Institute for Arbitration (DIS) has temporarily closed the Berlin office. However, the DIS Bonn office remains open and communications can go through that office and via email. (see DIS: Update: COVID-19).

• The International Centre for Settlement of Disputes (ICSID) Secretariat is operating remotely. New requests for arbitration and post-award applications should be filed electronically. ICSID is also encouraging parties and tribunals to use electronic pleadings (see ICSID: Message Regarding COVID-19 (Update)). In addition, ICSID has published a guide to online hearings (A Brief Guide to Online Hearings at ICSID).

• The London Maritime Arbitrators Association (LMAA) reports that it is business as usual. A significant number of LMAA arbitrations take place on a documents only basis, and so accordingly the LMAA has significant experience of conducting arbitrations where no physical hearing is required. Covid-19 should have limited impact on such arbitrations. Where a hearing is needed the LMAA states that it is working with the IDRC to promote the use of available technology to enable virtual hearings to take place. Requests for appointment of arbitrators are being processed by email, and procedural hearings can take place by conference call or video conference. (LMAA guidance)

• The Grain and Feed Trade Association (GAFTA) has confirmed that all arbitration requests are being processed by the arbitration team who are now working remotely. Arbitration Awards continue to be published electronically. At the present time there is no current plan for virtual hearings, but the position remains under review. (GAFTA guidance)

You may read the authors’ entire COVID-19 briefing on HFW’s website.

Photo by: Calvin Hanson on Unsplash