Impacts of COVID-19 Pandemic on International Commercial Arbitration
国际商事论文代写 The prevailing Coronavirus pandemic has impacted negatively on countries’ whereabouts worldwide. This particular situation…
Introduction
The prevailing Coronavirus pandemic has impacted negatively on countries’ whereabouts worldwide. This particular situation was occasioned by strict measures imposed by the World Health Organization to combat the illness. In legal processes, protection guidelines and social distancing have curtailed physical representations in courts.With constant restrictions. There is still no proper remedy for the condition,and hence people are urged to readjust their lives to accommodate it. While specific interventions have been initiated to regulate its progress. And prevalence, studies have shown how the most fundamental one is working remotely.
For example, many economic sectors have been forced to embrace online processes in recent times. Their stakeholders believe it is the only way to control the pandemic. And enable humanity to lead comfortably. Like others, international commercial arbitration is one of the niches that haveundergone immense transform amid the COVID-19 pandemic. The particular area, which determines individual fate in the judicial system, is always proneto be disrupted by external factors, including the then viral infection. This paper will focus on the general consequences. And effects of the Coronavirus pandemic on international commercial arbitration regulations with close references to Australia.
International Commercial Arbitration on General Perspective 国际商事论文代写
International commercial arbitration denotes an alternative dispute resolution technique that happens across borders. This particular method helps to deter the otherwise unwelcoming litigation that has existed for a long. In most cases, its employment depends on agreed terms. And conditions,primarily by specified parties. It is, for example, evident through scholarly research that many contradicts have dispute resolution clauses that specify how those involved could attend to matters of arbitration. And other conflict resolution processes.To effectively succeed in the whole process, it is always the responsibility of the potential group to recommend a particular discussion forum, time, governing regulations. And the eventual procedural guidelines.
Based on this description, arbitration legislation has from ancient periods relied on individual physical presence where all the involved parties meet and reach a formidable consensus. However, this situation has not been the case due to the emerging pandemic that has otherwise necessitated various strict guidelines favouring containment. With the international commercial arbitration regulations, COVID-19 has had multiple impacts on the different situations, with the most notable being in-person hearing processes.
Compared to the previous era where physical interaction and association were encouraged, the current occurrence has forced those in legislative authority to consider embracing social distancing. 国际商事论文代写
Based on the provided information, this particular attribute mandates all involved parties to engage remotely and hence discourages physical contact. While the prevailing technological invention has enhanced the whole process, studies have shown how it has delayed final judicial decisions that could otherwise be delivered from arbitration. This particular condition has directly been depicted by various courts globally. Including the London Court of International Arbitration that explained the negativities associated with the pandemic. And how such can get remedies. Based on its description, it is evident that arbitration. And other proceedings have been hampered with the emerged viral infection since, unlike the previous period, there is currently a delay in case procedures in courts.
Regarding arbitral processes, the prevailing pandemic impacts arbitration awards and application. As depicted by researchers, this particular condition emanates from various perspective. Including online applications, digital documentation, and virtual hearing. However, the mentioned condition has constantly pressurised the international community to continue using the most accommodative technique. And comply strictly with the World Health Organisation requirements. There has been a continuous change in using technology in such a scenario. For example, in the previous era, this particular procedure encompassed in-person sessions where all the parties were involved in the whole process. Regardless of engaging parties worldwide, legal proponents also indicated how it was pertinent to embrace physical interaction during the arbitration.
This condition created a welcoming mood that could necessitate positive outcomes. 国际商事论文代写
However, the current pandemic has since altered the existing arbitration legislation in favour of the online association. Based on available information, this condition was accommodated to contain or control the virus. And enable human beings to lead comfortably. Based on this description, one can easily deduce that the epidemic has positively affected humanity because it has encouraged innovativeness and creativity in legal fields. Unlike last time where interaction was encouraged, arbitrators have found an alternative way of dealing with commercial arbitration that accommodates social distancing.The researcher had also ascertained the importance of including Information Technology to enhance arbitration techniques within the area. To effectively deal with such cases, it is reasonable for all involved parties to consider using technologies to improve negotiation perspectives.
While these developments have existed for a long time, their whereabouts. And usability have been depicted in recent times, especially amid the pandemic. And eventual strict guidelines imposed by various governments, including the US and the United Kingdom. Regardless of existing technologies, today’s most prevalent ones amid the pandemic are videoconferencing and case management tools. These two items, from judicial viewpoints, play an essential role in determining how the case will proceed and the eventual results. Virtual hearing is one of the most preferred conditions that has dominated modern international commercial arbitration legislation to curb the COVID-19 pandemic. Based on scholarly research, this procedure encourages social isolation. And hence directly coincideswith the WHO requirements and expectations.
The device permits online arbitration processes where all conditions are accomplished remotely.
Through this particular circumstance, one will, for example, be in an excellent position to interact with witnesses, legal representatives, and arbitrators while at the comfort of their homes. In the future, there is an expectation that advanced technology will ensure commercial arbitration gets accomplished effectively and that the ruling could be accommodative and reliable. This process will be occasioned by incorporating various mobile applications, social media platforms, and community forum. Integrating this condition into arbitration and judicial will improve general ruling since the available tools and devices are valid and consistent. 国际商事论文代写
As already mentioned, virtual arbitration has taken centre stage during the COVID-19 pandemic to deter its prevalence. As confirmed by researchers, arbitrations centres, lawyers, and arbitrators were forced by the prevailing circumstances to comply with the recommended healthcare guidelines that rely on social distancing. While there are many consequences of such a perspective, the most notable and fundamental one is embracing electronic arbitration procedures that constantly discourage physical interaction. Before its emergence, it is also proved that previous judicial systems like the International Chamber of Commerce (ICC) encouraged all legal clients to preserve digital technologies as this process could effectively improve commercial arbitration and other procedures within the then courts.
Based on available information, the body enhanced the whole system in 2017 by depicting the need to hold minor cases remotely. Thesesummarised documents that were somewhat availed by legal experts included the need to accommodate videoconferencing and audio communication. In the contemporary world, judicial advocates have also mandated the population to conduct such cases by virtual means. Failure to do so could negatively affect people’s health and general wellbeing. Based on this description, one can easily deduce how the Coronavirus pandemic has acted as an excellent platform that could allow people to consider integrating virtual practices on international commercial arbitration laws. Within few periods, it is evident through studies that almost all arbitration-based agencies positively welcomed the move of conducting the whole process remotely.
As revealed by legal professionals, this method was necessitated or occasioned by the need to comply with the stipulated rules and regulations, especially from the World Health Organisation. 国际商事论文代写
To effectively prove this condition, many institutions, including LCIA, HKIAC, and ICC, have continued operating and managing many cases regardless of the existing unwelcoming situation, specifically in the modern world. In addition to the United States, other regions like Latin America has also followed this particular discourse by allowing its respective commercial arbitrator to observe and decide on the proceedings while at the comfort of their homes.
For instance, the Mediation Center of the Santiago Chamber of Commerce has urged parties and various arbitrators within the region to incorporate innovation and technologies when holding judicial proceedings. Many government agencies and bodies have also encouraged this condition by engaging in constant promotional activities. Colombia, which is one of the countriesimmensely affected by the pandemic, considered approving or executing Decree No. 491 (2020) that allows for continued arbitration technique by using a safe approach in particular remote engagement.
While many case laws have been presented remotely, the first and most pertinent one is “Queen Mary/White & Case,”which happened in 2018. The whole process entailed following the proceedings using the videoconferencing technique to combat the ever-increasing viral crisis that affected the population’s whereabouts. In a survey conducted within the niche, it was in this regard that at least 65% of the participants could not effectively utilise the platform due to sophisticated technologies. Throughout the process, they, for example, lamented that they have “never used virtual hearing rooms.” This condition could negatively impact arbitration legislation if no proper education and training are implemented to reverse the trend.
International Commercial Arbitration in Australia 国际商事论文代写
The COVID-19 pandemic has also had devastating impacts on Australia and the surrounding environment. Since February 2020, the country has, for example, experienced a disruptive schedule in various perspectives. Including in business, politics, and legal matters. This particular situation, as already mentioned, emanated from the strict measures stipulated by the Australian government and the World Health Organization. In addition to this condition, the novel virus also forced many arbitrators. And other participants to consider discouraging or shunning away from constant physical interactions. As confirmed by scholarly, one can easily deduce that the Coronavirus pandemic necessitated various effects, particularly Australian-based international commercial arbitration rules.
The most notable one is integrating online or remote presentations. With such occurrences, researchers mentioned how the local government encouraged all involved parties to shift towards online processes that favoured using various platforms. Including Microsoft Teams and Zoom. The venues, since their introduction, have enhanced the whole judicial representation as many tasks are now being handled. Or done without embracing what we call physical presence. Compared to the previous period, this procedure has now been accomplished for at least 12 months. And it will continue to be implemented in the future.
Contrary to the expectations, it is evident through investigative research that the Australian Center for International Commercial Arbitration has directly complied with these guidelines by adopting remote working,especially from a legal perspective. The country has, in this respect, instructed all arbitration centres. And the general population to embrace virtual arbitrations as failure to adhere to such rules. And legislations could negatively affect their wellbeing and public health. On the other hand, incorporating this procedure has ensured that regardless of the prevailing circumstance case, various professionals. And relevant decisions made without obstructions or hindrance.
Based on this description, the Australian government has changed commercial arbitration rules to combat the pandemic. 国际商事论文代写
This particular situation has been necessitated by considering various Online Dispute Resolution (ODR) techniques such as videoconferencing that have dominated the judicial services. This particular condition directly contradicts the previous period where everything was done in the presence of every involved party. Previously, the law mandated participants and arbitrators to physically submit relevant materials by following the required procedures and requirements. Like other judicial process, studies have also shown that Australia adopted arbitration legislation that directly complies with what the World Health Organisation has stipulated.
Most of such laws mainly concentrated on ensuring the general population’s safety and wellbeing is safeguarded by the government. To effectively strengthen the whole process. And ensure everyone access quality services, the mentioned facilities adhere to the guidelines provided by Article 2 of the drafted constitution that leaned towards offering fair. And reasonable ruling irrespective of the existing COVID-19 pandemic. In addition to enhancing or strengthening technology. And innovation, the prevailing COVID-19 pandemic has positively impacted Australian commercial arbitration processes’ whereabouts. And general condition by successfully addressing confidentiality and security issues or problems.
Another notable impactof the COVID-19 pandemic on the Australian international commercial arbitration is problems participantsexperience in recording and videoconferencing procedures. The mentioned group, for example, faced difficulties associated with session preparation due to skills. And knowledge disparities, specifically in information technology and digital innovation.Based on available information, the condition has delayed the arbitration process in most of the region, including Australia and the United States. While many previous cases were implemented effectively due to encouraging physical interaction, the most prevalent one is Abdul Latif Jameel Transp. Co. v. FedEx Corp that involved physical association between arbitrators and the other group.
This particular case emphasised the need to embrace physical presence as it determines the eventual results and effectiveness of the whole judicial system. 国际商事论文代写
Contrary to the expectation, the associated individuals were not bribed to decide the case in favour of a particular group due to the mentioned condition. Throughout the proceedings, legal experts also said incorporating the stated situation discouraged the presentation of otherwise biased outcome that could eventually affect the procedure in the future. In addition to this description, Servotronics, Inc. v. The Boeing Company is another international commercial arbitration device employed between two countries to deter constant conflicts that have negatively impacted their whereabouts.
The case entailed constant questioning and explanation and how such a situation could get remedied in the contemporary world. Although the procedure was relatively challenging, the physical availability of the involved parties played a notable role in evoking verdict. And general outcome that took a brief period to complete. To effectively deal with such an issue, the arbitrators commenced the process by assembling all concerned individuals from the specified territory. And instructing them to submit relevant documentation and materials. As depicted by scholarly researchers, this process allowed them to comfortably prepare for the session in advance and make proper decisions about the case.
However, the most recent cases in Australia have been negatively affected by the existing COVID-19 pandemic through constant or continuous delays. As already mentioned, this condition has been occasioned by the World Health Organization mandate to reduce. Or control the disease by forcing the public to comply with various containment measures. Including social distancing, remote working, and wearing masks. As revealed by multiple investigative studies. It is depicted that the need to conduct the arbitration by the Australian government has been curtailed. Or somewhat hampered by the prevailing viral infection – a situation that has caused the immense delay.
Since its emergence, studies have also ascertained how legal counsel has become restless and started questioning the government son what to do to remedy the situation. 国际商事论文代写
There are many reasons behind such restrictions or delay in particular lockdown that necessitated what we call physical disruption in Australia and the surrounding environment. Based on the provided information, the whole process has slowly curtailed experts, witnesses. And clients to effectively respond to the cases and submit relevant documents and materials. With such dilemmas, senior counsels. And judicial professionals within the international commercial arbitration niche have cancelled the possibility of continuing the case until further notice. Or when the government will communicate otherwise. In addition to this highlight, they have also found it hard and challenging to accommodate clients. And the Australian population somewhat unfamiliar with the videoconferencing and remote judicial ruling.
Besides, it is pertinent to note that constant disagreements among legal advocates have also compromised the whole process. They have constantly failed to reach a formidable consensus on the facility’s logistics to transport the existing remote hearing materials. Based on scholarly research, this condition has negatively impacted the whereabouts of various cases, especially amid the COVID-19 pandemic. Finally, the mentioned viral infection has strained the existing economic resources, forcing local authorities to divert resources to unplanned or unbudgeted activities. For example, we can see that witnesses, experts, arbitrators. And clients have shifted their minds on combatting the illness and leading comfortably, hence sideling critical legal issues. 国际商事论文代写
Many judicial advocates have explained this particular state as the most devastating condition affecting international territories in recent times.
They mentioned that the remedy to this negative consequence could depend on the availability. Or presence of enough economic resources to enable all involved parties to work remotely effectively. Another delay worth noting is accessing documents and delivering physical items. In most circumstances, remote hearing through videoconferencing. And Zoom has hampered counsels’ or arbitrators physical access to relevant materials within the workplace due to discouraged social interaction and travelling. This situation has been necessitated by constant travel bans depicted by various regions, including Australia, the United States, and the United Kingdom.
Conclusion 国际商事论文代写
The current COVID-19 pandemic has had positive and negative impacts on international commercial arbitration processes, including regulations, practices, rules. And case laws in various regions like the United Kingdom, the US, and Australia. It is evident through scholarly research that the condition has necessitated complying with containment measures, including social distancing. Compared to previous periods, there are currently many arbitration cases carried using various online platforms like Zoom and videoconferencing. This process has helped combat the virus. And,ina similar instance, enhanced digital technology and innovations in legal systems.
References
Primary Sources
Australian Capital Territory: Commercial Arbitration Act 2017.
Northern Territory: Commercial Arbitration (National Uniform Legislation) Act 2011.
Western Australia: Commercial Arbitration Act 2012.
Secondary Sources 国际商事论文代写
Butler P (2020). International Commercial Arbitration put to the Test in the Commonwealth. Victoria U. Wellington L. Rev. 51, 357.
Adolf H et al. (2020). The Impact of Pandemic on Legal System: Impact on Arbitration Law. Indonesian Law Journal, 13(2), 137-150.
Bateson D (2020). Virtual Arbitration: The Impact of COVID-19. Indian J. Arb. 9, 159.
Shope M et al. (2020). The International Arbitral Institution Response to COVID-19 and Opportunities for Online Dispute Resolution. Contemp. Asia Arb. J. 13,67.
Greenberg S, Kee C &Weeramantry (2011). International Commercial Arbitration: An Asia-Pacific Perspective. Cambridge University Press.
Rana R &Sanson M (2012). International Commercial Arbitration. Construction Law International, 6(4), 39.
Goldring J (2017). Australian Law and International Commercial Arbitration. Colum. J. Transnat’l L. 15, 216.
Bhatia V, CandlinC &Gotti M (2012). Discourse and Practice in International Commercial Arbitration: Issues, Challenges, and Prospects. Ashgate Publishing Ltd.
Redfern A & Hunter M (2004). Law and Practice of International Commercial Arbitration. Sweet & Maxwell.
Case Laws 国际商事论文代写
Servotronics, Inc. v. The Boeing Company, 2021.
Abdul Latif Jameel Transp. Co. v. FedEx Corp, 2019.
