In this session we examine the impact of the new age of geoeconomics on contract performance and dispute resolution.
Disputes coming out of COVID and government lockdown are still going through the arbitration process. More recently there have been territorial invasions and conflicts with the related imposition of sanctions and counter-sanctions, the imposition of tariffs, inflation and the continuing problems of climate change.
Against this rapidly evolving backdrop companies need to re-appraise their risk appetite. The after effects will be felt for some time. The issues to be discussed include
- What are the “usual” commercial contractual provisions and other doctrines engaged – are they fit for purpose?
- Is this new era leading to greater scrutiny of and challenges to arbitrators?
- Are Parties choosing different seats? Should they?
- To what extent are sanctions having an effect on arbitration proceedings?
- What are the challenges for the Institutions and are they responding to them?
- How are the domestic Courts supporting arbitration –do anti-suit injunctions work?
