Since our last update, a little over a month ago, many major arbitral institutions have updated their guidance regarding COVID-19 in light of the continuing impact of the pandemic on ongoing proceedings. Below we have included updated guidance from major arbitral institutions and expanded the chart to include a number of new institutions. Thirteen major arbitral institutions[i] also issued a joint statement regarding “Arbitration and COVID-19.”[ii] The statement encouraged parties and arbitrators to work together to mitigate the effects of COVID‑19 on proceedings while still ensuring fairness.
|Australian Centre for International Commercial Arbitration[iii]||
|German Arbitration Institute (DIS)[vii]||
|Hong Kong International Arbitration Centre[viii]||
|International Centre for Dispute Resolution[ix]||
|International Centre for Settlement of Investment Disputes[x]||
|International Chamber of Commerce[xi]||
|Japan Commercial Arbitration Association[xii]|
|Korean International Arbitration Board[xiii]||
|Singapore International Arbitration Centre[xiv]||
|Arbitration Institute of the Stockholm Chamber of Commerce[xvii]||
|Vienna International Arbitral Centre[xviii]||
This article is for informational purposes only and does not constitute legal advice and does not form an attorney client relationship. As you are aware, things are changing quickly and the interpretations described here may change. This article represents our best understanding and interpretation based on where things currently stand.
[i] Cairo Regional Centre for International Commercial Arbitration (“CRCICA”), German Arbitration Institute (“DIS”), International Chamber of Commerce (“ICC”), International Centre for Dispute Resolution (“ICDR”), International Centre for Settlement of Investment Disputes (“ICSID”), Korean Commercial Arbitration Board (“KCAB”), London Court of International Arbitration (“LCIA”), Milan Chamber of Commerce, Hong Kong International Arbitration Centre (“HKIAC”); Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”), Singapore International Arbitration Centre (“SIAC”), Vienna International Arbitral Centre (“VIAC”); International Federation of Commercial Arbitration Institutions (“IFCAI”)
[ii] Arbitration and COVID-19, Hong Kong International Arbitration Centre (April 16, 2020), https://www.hkiac.org/sites/default/files/ck_filebrowser/PDF/News/Covid-19%20Joint%20Statement.pdf.
[iii] COVID-19 (Coronavirus) Precautionary Protocol, Australian Disputes Centre (April 3, 2020), https://www.disputescentre.com.au/covid-19-coronavirus-precautionary-protocol/.
[iv] Important Information for ACICA Users—COVID-19 Update, Australian Centre for International Commercial Arbitration, https://acica.org.au/important-information-for-acica-users/.
[x] A Brief Guide to Online Hearings at ICSID, International Centre for Settlement of Investment Disputes (March 23, 2020), https://icsid.worldbank.org/en/Pages/News.aspx?CID=362.
[xi] ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic, International Chamber of Commerce (April 9, 2020), https://iccwbo.org/content/uploads/sites/3/2020/04/guidance-note-possible-measures-mitigating-effects-covid-19-english.pdf.
[xii] Arbitration and Mediation Services Following a State of Emergency Declared by the Government of Japan, Japan Commercial Arbitration Association, https://www.jcaa.or.jp/en/news/?mode=show&seq=49.
[xiii] Seoul IDRC Virtual Hearing Services, Seoul International Dispute Resolution Center (April 23, 2020), http://www.sidrc.org/bbs/board.php?bo_table=news_en&wr_id=862.
[xiv] Enhanced COVID-19 Measures at SIAC, Singapore International Arbitration Centre (April 6, 2020), https://www.siac.org.sg/images/stories/press_release/2020/[ANNOUNCEMENT]%20ENHANCED%20COVID-19%20MEASURES%20AT%20SIAC.pdf.
[xv] COVID-19: SIAC Case Management Update, Singapore International Arbitration Centre, https://www.siac.org.sg/images/stories/press_release/2020/ANNOUNCEMENT%20COVID-19%20SIAC%20Case%20Management%20Update.pdf.
[xvii] Covid-19: Information and Guidance in SCC Arbitrations, Arbitration Institute of the Stockholm Chamber of Commerce (March 27, 2020), https://sccinstitute.com/about-the-scc/news/2020/covid-19-information-and-guidance-in-scc-arbitrations/.
[xviii] Availability and General Measures Undertaken by VIAC in Times of COVID-19, Vienna International Arbitral Centre, https://www.viac.eu/en/news/availability-and-general-measures-undertaken-by-viac-in-times-of-covid-19.
*This alert is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney client relationship. Please contact your Sheppard Mullin attorney contact for additional information.*