Q&As

An in-person hearing is scheduled for my arbitration over the next few months. In light of coronavirus (COVID-19), what should I be thinking about, what alternatives may be available (eg relocation, postponement, virtual hearing(s)), what considerations are relevant when contemplating these options, and how would alternative approaches be dealt with procedurally with the other side and the tribunal?

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Published by a LexisNexis Arbitration expert

Published on: 21 March 2020

Clare Ambrose, Twenty Essex

We all know the crisis is fast-moving. Arrangements that seemed sensible a week ago now look unrealistic or inappropriate.

As matters stand there is some certainty that any hearing listed before the end of April 2020 will be significantly disrupted by global travel restrictions and guidance on social distancing.

Everyone concerned wants to reduce disruption but work safely. Tribunals will expect parties to co-operate, adapt and compromise in order to find solutions that work. My current experience is that most parties are doing this. Obstructive and tactical positions are likely to be fairly obvious and viewed unfavourably. The client will need to be briefed but constructive discussions need to be broached promptly with the other side with a view to seeing

Jurisdiction(s):

United Kingdom

Key definition:

Arbitration definition

What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.