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The Impact of COVID-19 on International Arbitration

On 11 March 2020, the World Health Organization categorised the global outbreak of COVID-19 as a pandemic and implored countries to take effective and immediate measures to prevent it from spreading further. Nationwide lockdowns, travel restrictions and physical distancing measures were subsequently...

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Main Author: Kamwengo, Mary
Other Authors: Adams, Faadhil
Format: Thesis
Language:English
Published: Department of Commercial Law 2023
Subjects:
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access_status_str Open Access
author Kamwengo, Mary
author2 Adams, Faadhil
author_browse Adams, Faadhil
Kamwengo, Mary
author_facet Adams, Faadhil
Kamwengo, Mary
author_sort Kamwengo, Mary
collection Thesis
description On 11 March 2020, the World Health Organization categorised the global outbreak of COVID-19 as a pandemic and implored countries to take effective and immediate measures to prevent it from spreading further. Nationwide lockdowns, travel restrictions and physical distancing measures were subsequently effected in several countries, causing many businesses to close down. In turn, many courts found themselves limiting their operations and postponing most hearings save for urgent matters. Whilst different courts were functioning at limited capacity and litigants were struggling to figure out how to make changes to their procedural timetables and deal with the uncertainties brought on by the pandemic, major arbitral institutions intimated their intention to proceed with new and ongoing disputes. The position adopted by these institutions can be attributed to the inherent flexibility and consensual nature of the international arbitration dispute resolution process. Being a consensual and flexible process, international arbitration is well placed to allow cases to advance amidst the pandemic as its procedures can easily be tailored to meet the needs of disputing parties who may be across various jurisdictions. Despite its flexibility, international arbitration has not been impervious to the disruption which has been occasioned by the COVID19 pandemic.
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language eng
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provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2023
publishDateRange 2023
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publisherStr Department of Commercial Law
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spelling oai:open.uct.ac.za:11427/37440 The Impact of COVID-19 on International Arbitration Kamwengo, Mary Adams, Faadhil Commercial Law On 11 March 2020, the World Health Organization categorised the global outbreak of COVID-19 as a pandemic and implored countries to take effective and immediate measures to prevent it from spreading further. Nationwide lockdowns, travel restrictions and physical distancing measures were subsequently effected in several countries, causing many businesses to close down. In turn, many courts found themselves limiting their operations and postponing most hearings save for urgent matters. Whilst different courts were functioning at limited capacity and litigants were struggling to figure out how to make changes to their procedural timetables and deal with the uncertainties brought on by the pandemic, major arbitral institutions intimated their intention to proceed with new and ongoing disputes. The position adopted by these institutions can be attributed to the inherent flexibility and consensual nature of the international arbitration dispute resolution process. Being a consensual and flexible process, international arbitration is well placed to allow cases to advance amidst the pandemic as its procedures can easily be tailored to meet the needs of disputing parties who may be across various jurisdictions. Despite its flexibility, international arbitration has not been impervious to the disruption which has been occasioned by the COVID19 pandemic. 2023-03-14T11:09:58Z 2023-03-14T11:09:58Z 2022 2023-03-14T08:24:03Z Master Thesis Masters LLM http://hdl.handle.net/11427/37440 eng application/pdf Department of Commercial Law Faculty of Law
spellingShingle Commercial Law
Kamwengo, Mary
The Impact of COVID-19 on International Arbitration
thesis_degree_str Master's
title The Impact of COVID-19 on International Arbitration
title_full The Impact of COVID-19 on International Arbitration
title_fullStr The Impact of COVID-19 on International Arbitration
title_full_unstemmed The Impact of COVID-19 on International Arbitration
title_short The Impact of COVID-19 on International Arbitration
title_sort impact of covid 19 on international arbitration
topic Commercial Law
url http://hdl.handle.net/11427/37440
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