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The ICC has published its Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic

The outbreak of COVID-19 has resulted in far-reaching consequences both socially and economically. Safety concerns and public health restrictions, aimed at curbing the spread of the pandemic, have disrupted legal proceedings worldwide. In order to mitigate the adverse effects of the pandemic on arbitral proceedings, ICC International Court of Arbitration has published a guidance note on 9 April 2020. The Guidance Note contains numerous advisory measures for parties, counsel and tribunals. 

 

The measures proposed in the Guidance Note puts emphasis on certain principles under the ICC Rules of Arbitration, particularly on Article 22(1) which requires tribunals and parties to conduct arbitral proceedings in an expeditious and cost-effective manner. In this context, two major set of measures have been proposed: procedural measures in relation to possible mitigation of COVID-19 related delays and organization of virtual hearings.

 

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