Litigation and Arbitration

As a result of the exceptional worsening of the COVID-19 pandemic currently in Portugal, the Portuguese Parliament, at the proposal of the Government, approved Law No 4-B/2021, dated February 1, determining a set of exceptional, temporary and urgent measures within the scope of the development of judicial and administrative activities, basically returning to and developing measures already applied previously in the first half of 2020 when combatting the first wave of the pandemic.
2020 was without doubt an exceptional year. The COVID-19 global pandemic has impacted on all our lives and that has required us to make significant adjustments to way we conduct arbitration across the world. Despite the challenges that the pandemic has created, the adaptability and flexibility of arbitration have risen to these new challenges. We highlight below some of the most important and commented news during 2020. These include, amongst other topics, the agreements reached in the renewable energy claims against Spain, the publishing of the new LCIA rules, the expected Spanish Constitutional Court judgement regarding the control of arbitral awards by the courts and the recent UK Supreme Court ruling clarifying the law on an arbitrator’s duty to disclose.
The situation caused by the pandemic has brought an increase in breach of contract proceedings around the world, including in Latin America. It is therefore helpful to know how concepts such as fortuitous, force majeure, and hardship events are defined. We take a look at these in the legislation of Chile, Colombia, Mexico and Peru.