Todd Wetmore and Simon Elliot, partners in the Paris office of Three Crowns, recently authored the Construction Disputes chapter of International Arbitration and the COVID-19 Revolution, published by Kluwer on 1 October 2020.
The impact of COVID-19 on all major economic sectors and industries has triggered profound and systemic changes in international arbitration, including in the construction sector. International Arbitration and the COVID-19 Revolution is the first publication to describe and analyse how the crisis has redefined arbitral practice, with critical appraisal from Wetmore, Elliot, and other well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award.
With practical guidance from a variety of perspectives on the conduct of international arbitration during the pandemic and beyond, the chapters present invaluable insights into the unprecedented and multifaceted issues that arise. Included are expert tips and challenges in such practical matters as:
- Preventing and resolving disputes of particular types – construction, energy, aviation,
technology, media and telecommunication, finance, and insurance - Arbitrator appointments
- Issues of planning, preparation, and sample procedural orders
- Witness preparation and cross-examination
- E-signature of arbitral awards
- Setting aside and enforcement proceedings
- Third-party funding
Also included are an empirical survey of users’ views and an overview of how the pandemic has affected the arbitration rules of leading arbitral seats.
ABOUT TODD WETMORE
Wetmore has over 25 years of experience handling some of the most challenging and complex commercial cases, appearing as counsel or arbitrator in over 50 major international arbitrations across a wide-variety of sectors including construction, energy, technology, manufacturing, mining, and commodities. A recognised specialist in infrastructure and construction disputes, he has acted for contractors and owners in relation to design, defects, delays, and disruption in civil and facilities construction projects of all kinds.
ABOUT SIMON ELLIOT
Elliot has acted as counsel in some of the most significant disputes to arise in the construction, oil and gas, mining, electricity generation, healthcare, and transport sectors. His practice has a particular focus on disputes arising out of large infrastructure and other major projects involving hotly contested technical, delay, and quantum-related issues.