It is thought that the measures adopted to tackle the global crisis caused by the appearance of COVID-19 will be a catalyst for foreign investors filing claims against states. While we are likely to see an increase in investment arbitration in the next few years, it is unknown what stance states will adopt in response.
The stakeholders in international arbitration (arbitral institutions, tribunals, counsel and parties) have responded to the difficulties and challenges of the COVID-19 pandemic by forging a closer cooperation to provide a common response to allow international arbitration to deliver some degree of certainty in a volatile post-corona climate.
Despite uncertainties on arbitration regulations in China, the countrie´s arbitral institutions push to offer the best alternatives to adapt to the “new normal”.
International arbitrations are not associated with any particular jurisdiction, and in Latin America and elsewhere, most arbitral institutions keep handling arbitral proceedings and enabling them to continue, despite COVID-19, by using available technology.
Over the past weeks, Spanish companies and credit applicants from all industries, both essential and non-essential, have been implementing strategies in order to try, as far as they can in the circumstances, to ensure liquidity and minimize the impact of COVID-19 on their activity. This includes a number of measures in all areas of the business, which are in turn conditioned by the measures implemented by the Spanish government and other supra-national, national, autonomous community and local authorities. All these measures and every new piece of legislation can be tracked in our special 'Companies facing the coronavirus COVID-19'.
The health crisis caused by COVID-19 could turn into a chance to revolutionize arbitration and boost and strengthen its virtues as opposed to domestic court litigation. The flexibility inherent to this alternative dispute resolution system and its recourse to online tools and technology can be used to avoid proceedings being suspended.
Just when everyone thought they wouldn’t be able to register as a trademark the title of a famous German comedy from 2013 and its two sequels from 2015 and 2017: Fack ju Göhte, because it was contrary to accepted principles of morality, the Court of Justice of the European Union (CJEU), accepted its registration in a judgement handed down on February 27, 2020 (case C-240/18).
On January 31 the UK's withdrawal from the European Union took effect and a transition period began until December 31 this year, in which EU law will continue to be applicable in relationships with the United Kingdom, while waiting for a future agreement setting out the conditions governing bilateral relationships from that date onwards. Until this happens, companies crucially need to prepare contingency plans enabling them to anticipate and start preparing for any processes that will take longer and will be necessary to continue trading with the UK from 2021.
Achieving carbon neutrality by 2050 is the central goal of European environmental policies in the coming years. With this in mind, the Portuguese government recently approved the Carbon Neutrality Roadmap 2050, establishing the main vectors of decarbonisation to be implemented, mainly in the electricity and mobility industries.