The disruption to business caused by the corona virus will inevitably leads to disputes. Examples that come to mind are the late supply or the failure to deliver critical supplies in an international supply chain, and the allocation of unforeseen risks and costs. Other questions might concern material adverse change (MAC) or force majeure provisions and insurance coverage for Corona-related issues. In most cases, going to court is not really an option, given the urgency involved in finding a solution. Continue reading →
On the first business day of the New Year, here comes a Save the Date, marking an important milestone for the German dispute resolution community:
On 24 April 2020, the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit; DIS) will celebrate its 100th anniversary in Bonn. It was established on 21 April 1920 as the Deutsche Ausschuss für das Schiedsgerichtswesen (DAS).
Today’s modern DIS originates from the 1992 merger of DAS and Deutschen Institut für Schiedsgerichtswesen established in 1974.
JAMS are organising an afternoon seminar on ADR in the context of emerging technologies, to be held in London on 12 July 2018 (click here for more details). I will be speaking on a panel that discusses emergency relief in arbitration with a focus on intellectual property. This will provide an opportunity to look at the ICC Emergency Arbitrator Provisions introduced in 2012, and at the new DIS Rules, that came into force in March 2018, and under which the arbitral tribunal now has the power to grant ex parte preliminary relief. Continue reading →