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International Disputes Digest - Summer Edition 2020

23 June 2020

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Welcome to the summer edition of our International Disputes Digest, a bi-annual publication featuring analysis and commentary on the key trends currently shaping the global dispute resolution market.

In these uncertain times, global businesses in almost every sector are facing challenges brought about by an unprecedented operational climate. Actions and decisions taken during and immediately after the COVID-19 pandemic may be subject to even greater scrutiny than normal and, together with new legislative developments around the world, we bring you the latest news on important global issues, opportunities and challenges.

We begin this issue by considering whether there is going to be a pandemic of litigation in Italy against insurers and medical practitioners alleging malpractice arising from COVID-19, together with potential criminal liabilities for those at fault.
We then explore the ever increasing importance of mediation during times of crisis, following the Singapore Mediation Convention, together with its role in the resolution of international disputes. We also look ahead to the future development of International Arbitration. Our experts take their inspiration from Enlightenment thinkers and consider how Kantian courage could be applied to take International Arbitration into the Age of Enlightenment. On that theme, we address the rise of virtual arbitration hearings and whether they are here to stay.

We also cover new developments in the UK regarding the classification of cryptocurrency as property, competition class actions, changes to Swiss international arbitration law, as well as new data protection legislation in Kenya.

Our experts from Belgium give a summary on certain new measures intended to protect companies in financial difficulty and in Bulgaria we examine contractor liabilities.

In Spain we also consider new measures to facilitate acquisitions following insolvency.

Finally, the unprecedented circumstances that businesses currently face may open up the possibility of resolving disputes in alternative and innovative ways, particularly in jurisdictions where the use of alternative dispute resolution has been less widespread. We reflect on the changing dispute resolution landscape arising from the state of emergency around the globe before our colleagues in Ukraine conclude matters by showcasing their new electronic courts and the progressive modern technology being applied to dispute resolution. We hope you enjoy this edition of our International Disputes Digest and welcome your feedback on any of the issues raised.

We hope you enjoy this edition of our International Disputes Digest and welcome your feedback on any of the issues raised.

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International Disputes Digest - Summer edition 2020
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Authors

Portrait ofLaura Opilio
Laura Opilio
Partner
Rome
Portrait ofGiorgio Valentini
Giorgio Valentini
Senior Associate
Rome
Portrait ofWei Ming Tan
Wei Ming Tan
Of Counsel
Singapore
Portrait ofAsya Jamaludin
Asya Jamaludin
Counsel
Singapore
Portrait ofRichard Bamforth
Richard Bamforth
Partner
London
Portrait ofShravan Ratakondla
Shravan Ratakondla
Portrait ofZeus Ombeva
Zeus Ombeva
Associate
Nairobi
Portrait ofSamson Oduol
Samson MacOduol
Partner
Nairobi
Portrait ofKushal Gandhi
Kushal Gandhi
Partner
London
Portrait ofPierre Ducret
Pierre Ducret, LL.M.
Partner
Geneva
Portrait ofNiklaus Zaugg
Dr Niklaus Zaugg, LL.M.
Partner
Zurich
Portrait ofVirginie Frémat
Virginie Frémat
Partner
Antwerp
Portrait ofKenny Henderson
Kenny Henderson
Partner
London
Portrait ofAntonia Kehayova
Antonia Kehayova
Counsel
Sofia
Portrait ofNuno Pena
Nuno Pena
Partner
Lisbon
Portrait ofMaria Orlyk
Maria Orlyk
Managing Partner
Kyiv (CMS RRH)
Portrait ofOleksandr Protsiuk
Oleksandr Protsiuk
Counsel
Kyiv (CMS RRH)
Portrait ofJuan Ignacio Fernández Aguado
Juan Ignacio Fernández Aguado
Partner
Madrid
Portrait ofJulian Turner
Julian Turner
Consultant
London
Portrait ofVanessa Whitman
Vanessa Whitman
Partner
London
Portrait ofSam Robinson
Sam Robinson
Partner
London
Dr. Dorothee Ruckteschler
Emma De Brabandere
Devina Shah
María Camila
Richard Price
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