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23 June 2020
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.
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.