Arbitrator Appointments in the Age of COVID-19

Remote International Arbitration: The Covid-19 Revolution, Kluwer Journal of International Arbitration (2020 Forthcoming)

14 Pages Posted: 25 Jul 2020 Last revised: 10 Aug 2020

See all articles by Catherine A. Rogers

Catherine A. Rogers

The Pennsylvania State University (University Park) – Penn State Law; CCLS, Queen Mary University of London

Fahira Brodlija

Independent

Date Written: July 20, 2020

Abstract

The pandemic has disrupted the free movement of goods, shipping and transportation, construction and manufacturing projects. The result has been the breach, cancellation, or significant delay in contract performance. Around the world, regular judiciaries have suspended their activities during the global shut-down. Already some parties are turning to arbitration as an alternative, even if they did not have a pre-dispute agreement in place. In response, leading international arbitration organizations have adopted an extensive range special rules and guidelines for the parties and their counsel, which should help them adapt to the online hearings and other relevant procedural issues related to the arbitration. The one thing all these guidelines have in common is that they must be implemented by arbitrators who, in most instances, will have to be able to adapt their case management skills to address and incorporate these various sources. This book chapter examines these trends and their implications for arbitrator selection and the market for arbitrator services. One key trend will be the need for more data analytics about international arbitrators, such as now available through the legal tech innovation Arbitrator Intelligence.

Keywords: international arbitrators, COVID-19, dispute resolution

JEL Classification: K41, K33, K40

Suggested Citation

Rogers, Catherine A. and Brodlija, Fahira, Arbitrator Appointments in the Age of COVID-19 (July 20, 2020). Remote International Arbitration: The Covid-19 Revolution, Kluwer Journal of International Arbitration (2020 Forthcoming), Available at SSRN: https://ssrn.com/abstract=3656620 or http://dx.doi.org/10.2139/ssrn.3656620

Catherine A. Rogers (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

CCLS, Queen Mary University of London ( email )

Charterhouse Square
London, EC1M 6AX
United Kingdom

Fahira Brodlija

Independent ( email )

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