Dispute Resolution | Workplace & Employment |
As the famous maxim goes, justice delayed is justice denied. Amidst the COVID-19 pandemic, twelve arbitral institutions came together on 16 April 2020 to publish a joint statement on supporting "international arbitration's ability to contribute to stability and foreseeability in a highly unstable environment, including by ensuring that pending cases may continue and that parties may have their cases heard without undue delay."
Here, we take a look at some issues with remote arbitration, and what steps the following six major arbitral institutions ("Arbitral Institutions") are taking to manage cases during the COVID-19 pandemic:
- Singapore International Arbitration Centre ("SIAC");
- Indonesia National Board of Arbitration (Badan Arbitrase Nasional Indonesia ("BANI"));
- China International Economic and Trade Arbitration Commission ("CIETAC");
- Hong Kong International Arbitration Centre ("HKIAC");
- International Chamber of Commerce International Court of Arbitration ("ICC Court"); and
- London Court of International Arbitration ("LCIA").
The global economy has taken a staggering hit following the onset of the COVID-19 pandemic. Country after country has announced full lockdowns or issued a multitude of orders intended to limit the movement of people.
As the pandemic shows signs of being brought under control in some countries, governments have begun looking to the future, cautiously seeking to restart their economies without triggering another outbreak. With ten member firms throughout Southeast Asia, Rajah & Tann Asia is uniquely positioned to address queries that employers and businesses with cross-border dealings within this region of high economic interconnectivity and interdependency may have, particularly with regard to the anticipated reopening of businesses.
Our member firms hail from the jurisdictions of Cambodia, China, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam.
This COVID-19 Publication brings together our lawyers from all member firms to answer the following questions:
1. Is your jurisdiction under some form of movement control restrictions, whether full or partial ("Restrictions")? If so, what Restrictions are in place?
2. Are businesses open and functioning during these Restrictions?
3. If businesses are not allowed to open, how long is this situation expected to last?
4. What conditions need to be in place to allow businesses to open and continue to function, and what are employers’ legal obligations in this situation?
5. What is the risk to employers who reopen their premises for business? What additional measures should employers take to manage their liabilities?Regional | Workplace & Employment | 29 May 2020
List show all articles in Regional. Click here to see recent 5 articles.