Coronavirus (COVID-19)

This subtopic is a source of resources for arbitration practitioners in light of the coronavirus (COVID-19) pandemic.

Across the world, arbitral organisations and practitioners have responded, and will continue to respond, to the outbreak with practical guidance, advice and adjustments to their standard operating procedures as society adjusts to the virus.

Coronavirus and its affects require parties, practitioners and arbitrators to think carefully about how the pandemic may influence arbitral proceedings already on foot or which have yet to be commenced.

In advance of commencing arbitral proceedings (including any applications for expedited and emergency arbitration), it is vital for practitioners to check the latest guidance provided by any relevant arbitral organisation that may impact standard processes. In pending proceedings, parties should liaise with their tribunals and the other parties to resolve any challenges that arise, including in relation to conducting hearings during this period when social distancing, travel restrictions and other limitations apply.

It is also very likely that any arbitration-related court processes will be impacted by the outbreak, and it will be important to stay up to date with the latest guidance from the relevant

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The English Court’s powers to issue injunctive reliefs aimed at preserving arbitral confidentiality (A Corporation v Firm B and another)

Arbitration analysis: This case arises from the claimant’s application for interim injunctive reliefs (the ‘Application’) seeking, among others, to restrain the first defendant (‘Firm B’), including any of its branches from (i) acting for Corporation C in an ongoing arbitration against Corporation D (the ‘Second Arbitration’); and (ii) providing any confidential information from a previous arbitration between the Claimant and Corporation B (the ‘First Arbitration’), to Corporation C. In determining the Application, the Court considered the principles governing the grant of interim reliefs as established in American Cyanamid v Ethicon Ltd. The court also considered the boundaries of arbitral confidentiality by considering what documents and information the obligation of arbitral confidentiality covers, and the relevant exceptions to this obligation. The court concluded that the claimant was not entitled to the requested reliefs. After examining the claimant's allegations of breaches of arbitral confidentiality, the court found no breach, except for some limited settlement information from the First Arbitration. The court was also not persuaded that there was a real risk of confidential information being transferred between Firm B’s London and Asia offices. Consequently, the court decided that granting the injunction would significantly prejudice Firm B and Corporation C, while not granting it would cause no prejudice to the claimant and only minimal prejudice to Corporation D. Written by Dr. Ademola Bamgbose, solicitor advocate and senior associate at Hogan Lovells, London and IfeOluwa Alabi, associate at Hogan Lovells, London.

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