March 12, 2021

International Commercial Arbitration and COVID-19

Pictured: scales and a gavel – symbols of law; Credit Succo via Pixabay

Gregory Nell, SC, Chair, Australian Maritime and Transport Arbitration Commission writes:

2020 will be remembered as the year of COVID-19. From February [last] year, commercial activities in Australia and elsewhere in the world were severely disrupted by both this novel coronavirus and the measures that governments, including the State and Federal Governments of Australia, took to prevent its spread.

International commercial arbitration, including in the shipping sphere, was not immune from that impact.

However, one potentially beneficial consequence of this crisis has been the almost meteoric rise in the use of online platforms such as ZOOM and Microsoft Teams for the conduct of international commercial arbitrations, including final hearings. This has been to a degree that even 12 months ago most experienced practitioners would have thought ambitious and beyond all expectations.

Many of the leading arbitral institutions, including the Australian Centre for International Commercial Arbitration (ACICA), have very quickly adopted new rules and procedures for the use of such technology and conduct of virtual arbitrations.

As a result of its flexibility and the use of this technology in cross border disputes, commercial arbitration has been especially well placed to ensure that disputes subject to arbitration have continued to be heard and determined almost as usual, despite the pandemic.

This is especially where more traditional means of dispute resolution, such as court hearings, have been deferred or delayed.

Read Mr Nell’s full insight here.

Editor’s Note: the above article has been lightly edited.

Facebook
Twitter
LinkedIn
Email

Search

Become a Member

Membership is open to all ship owners, operators and agents both Australian and International providing services to or within Australia.

Upcoming Events

May 8
Shipping Australia QLD Shipping Industry Golf Day
Join friends and colleagues for an enjoyable day, followed by a sumptuous dinner at the 2024 SAL QLD Shipping Industry Golf Day. The Golf Day will once again be held at the Wynnum Golf Club (located in beautiful Bayside and meanders over 31 hectares of picturesque parkland) on 8th May 2024. Ticket price includes: Light...
May 16
Shipping Australia Victoria 2024 Golf Day
The 8th Phil Kelly OAM Perpetual Golf Challenge Latrobe Golf Club, 8 Farm Road, Alphington VIC 3078 Format – 4 Ball Ambrose Thursday 16th May 2024 The 2024 SAL VIC Golf Day will be held on Thursday 16th May 2024 at the scenic Latrobe Golf Club.  Come along and enjoy a great course and scenery. ...

Latest News

Chinese female seafarers face a range of gender-based difficulties at work
Bullying, abuse, perceptions for the potential for harassment, isolation, prejudices, limited access to vocational education / training and employment difficulties are some of the difficulties faced by Chinese female seafarers, researchers at Dalian Maritime University, China, have revealed. Although noting that there has been “tangible progress toward gender diversity and inclusiveness, researchers Wenyu Lyu and...
World first as two ammonia duel-fuel aframax tankers ordered
AET, a Malaysian tanker operator has announced that it has entered into two time charters with PETCO Trading, a wholly owned subsidiary of PETRONAS, the Malaysian state energy company, for two ammonia-powered dual-fuel Aframaxes. An “aframax” is an oil tanker with a deadweight between 80,000 and 120,000 tonnes. AET also signed shipbuilding contracts with Dalian Shipbuilding...

Latest Magazine

Shipping Australia – Annual Review 2023
January, 2024

Subscribe to the Signal Newsletter

Be the first to know about releases and industry news and insights or catch up on any editions you missed.