Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, arbitrators, mediators and other dispute resolution practitioners are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

In this issue, we feature Participating, Non-participating and Boycotting Parties under Proposed Article 16.

We also look at the Court of Arbitration for Art, mediation power imbalances, issues for arbitrators in determining jurisdiction, whether the scope of a reference to arbitration could be reduced by the pleadings, the Supreme Court in London’s reaffirmation of the legal effect of No Oral Modification clauses, the European Court of Human Rights’ decision as to whether the Court of Arbitration for Sport procedures are compatible with the right to a fair trial; and more.

In Case in Brief, Fiona Tregonning and Kalyani Dixit look at the decision in Dreymoor Fertilisers Overseas Pte Ltd v Eurochem Trading GMBH [2018] EWHC 909 (Comm) in which the The English High Court has dismissed challenges to the jurisdiction of two arbitral tribunals in a case which – notwithstanding the outcome – highlights the importance of parties ensuring their network of contracts have clear, express and aligned dispute resolution clauses.

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