Introduction The arbitration community has been swift to meet the challenges posed by the COVID-19 pandemic with almost unprecedented cohesion. By 17 April 2020 twelve leading arbitral institutions[1] had issued a joint statement pledging to “..ensur[e] that pending cases may continue and that parties may have their cases heard without undue delay.” The message has […]
News & publications
New “Guidance on Remote Hearings” (“the Guidance”) has been prepared by the COMBAR Sub-Committee on Remote Hearings, made up of 8 barristers including Wei Jian Chan of Essex Court Chambers. The Guidance is provided at a time when the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 remain in effect, with consequential restrictions on movement and […]
In an opinion piece recently published by The Straits Times, VK Rajah with Professor Goh Yihan discuss how the Covid-19 pandemic, with its unprecedented impact on trade, markets, supply chains and businesses, is likely to give rise to a tsunami of disputes. The article covers the approach of the Singapore government, potential weaknesses in the […]
On 30 April 2020, the Commercial Court handed down judgment in Jiangsu Guoxin Corporation v. Precious Shipping Public Co Ltd [2020] EWHC 1030 (Comm), a decision on two arbitration appeals as to the interplay between: ‘permissible delays’, written notice clauses, and the prevention principle in two shipbuilding contracts on amended SAJ Forms (“SBCs”). The appeals, […]
On 23 March 2020, the UK Government announced a lockdown on civil society in response to the COVID-19 pandemic. On the same day the Lord Chief Justice of England and Wales made clear that the courts, “as a vital public service”, have an obligation to continue.[1] This obligation is not limited to urgent cases but […]
The Covid-19 crisis has severely impacted some parts of the Bar, in particular the publicly-funded Bar which does such vital work within our justice system and in society as a whole. Some Chambers practising in these critical areas are under threat of being unable to survive and many barristers are suffering serious personal hardship. The […]
Covid-19 and the worldwide restrictions imposed as a result are inevitably having an impact on whether court deadlines can be met. What if you need to make an application for an extension of time as a result? What are the principles that the Court will apply? That was the question for the TCC in Muncipio […]
On 31 March 2020, Butcher J handed down judgment in Carpatsky Petroleum Corporation v PJSC Ukrnafta [2020] EWHC 769 (Comm). Butcher J refused to set aside an order of Knowles J recognising an SCC arbitration award, and in doing so he considered the application of issue estoppel and abuse of process to the enforcement of […]
Advocate (Formerly the Bar Pro Bono Unit) have highlighted Naomi Hart as a Pro Bono Hero for 2020. The award is given to recognise dedication, commitment and generous support for Advocate and their applicants. Of the award Advocate said: “Naomi has been working on a long running case for Advocate. We recently received feedback from […]
Introduction The courts have faced a number of applications to adjourn trials and hearings in the outbreak of COVID-19. Jeremy Brier suggests such applications will only be granted by the courts as a matter of last resort, on the basis of “concrete evidence” of difficulties and when the parties have shown that notwithstanding their cooperative […]
The BVI Court of Appeal (Michel, Carrington, and Armour JJA) has handed down its much anticipated judgment in Paraskevaides v Citco Trust Corporation and ors BVIHCMAP2018/0046. In a wide-ranging and detailed judgment, Carrington JA confirmed (at [47] – [50]) that the BVI Court has the power to order service out of an injunction which has […]
David Walsh provides and overview of the recent changes that have been made to the Civil Procedure Rules concerning witness statements. Read the full note here
