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.
The current arbitration rules of DIS came into force on 1 March 2018 – see here for my take on them.
Regular readers of this blog may recall that I anaylzed the first set of arbitrator data made available by the ICC at the Kluwer Arbitration Blog back in September 2016. That post contained a chapter with a catchy but slightly misleading headline: “Everything You Always Wanted to Know About Sex (But Only Now Are Able To Ask)”. Later, I reported on the German Arbitration Institute (DIS) gender balance statistics when they first came out in 2017. These posts obviously did not go (much) beyond the numbers. Digging deeper is what the title of this upcoming event promises to do, so I am happy to advertise this half-day conference organized by Arbitral Women and supported by DIS in Munich next month. Klick here for details.
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