Successful business relations rely on transparent, predictable, and enforceable legal norms. Simply put, the rule of law. And in a crisis, perhaps even more so. To this end, the corona crisis illustrates the strength and value of international arbitration.
I am a technology optimist. I believe that technology has the answer to most questions and challenges. And I have previously been frustrated that arbitration has been too slow to adopt new technological solutions. That is why, in the last few months, I have cheered on as technology has taken a few decisive steps onto arbitration’s center stage. While the pandemic has wreaked havoc on life and work as we know it, it has also resulted in the rise of virtual hearings and online case management platforms. Nonetheless, I cannot help but wonder: Is this maybe happening too fast?
Could international disputes operate as a governance tool capable of driving change in corporate and public policies for climate change? Maybe. As climate change litigation is on the increase globally, this development is worth analyzing from an international arbitration perspective.
Confidentiality is key. In the wake of the digitalisation of arbitration processes follows a new focus on protection against data breach. Lise Alm, Head of Business Development at SCC, offers a checklist with the where, when and how-questions needed for assessing your vulnerabilities.
Secretary General Annette Magnusson in SCC Forecast #6/20: The Covid-19 journey is not over yet. Adopting a sailor’s mindset could add that extra layer of resilience we all need.
Arbitration has historically gained ground, inter alia, by enabling international enforcement through the NY convention. However, new digital innovation challenge established routines and working methods. Lise Alm, Head of Business Development at SCC, addresses the subject of blockchain technology and a future possible effect on the process of arbitration and the relevance of the NY convention.
The world we entered in 2020 is very different from the world we left behind in 2019. Covid-19 has changed lives, businesses and practices all over the globe. Most countries’ reactions to the pandemic, whether through lockdowns or restrictions, were put in place in a matter of days and the efforts to adapt to this new reality have been record fast in many industries. Arbitration is no exception.
The corona crisis is a multi-facetted crisis and for years we will talk about its effects and consequences for families, societies and the world at large. Did we rise to the level of leadership required? Were we careful enough? Should we have responded differently? These are all questions we need to ask ourselves once we are through the crisis.
Could Investor State Dispute Settlement (ISDS) reform be used as a vehicle for change and climate change action? Given the investment needed to achieve climate change targets, we should carefully consider how ISDS reform might align with, and even advance, global climate change objectives.
I want to live in a world where all disputes can be resolved fairly by all relevant facts and legislation in a matter of seconds. Certain descriptions of AI make promises that one day I will. These are equal parts utopia and dystopia, but we are not there yet.
During a recent panel discussion which I moderated, we were given a fascinating example of interconnected contractual relations in a complex construction project, and how this in the end came to influence the complexities that needed to be addressed in several disputes associated with the project.
The evolution of technology has tremendous potential to increase the quality and efficiency of arbitration. Each possibility comes not only with new opportunities, but also with new potential risks. Below, I look at a few new technical opportunities and the challenges they could bring.
This year’s Climate Action Week in New York took off on September 23 with a high-level Climate Summit convened by UN Secretary General António Guterres. A passionate speech by Swedish activist Greta Thunberg set the tone for the rest of the week with a high sense of urgency.
I like trying to unpack the legal process of meeting, fighting and making up. Picking it apart to understand each step of the process better.
Navigating the landscape of global business in the age of acceleration requires an entrepreneurial mind-set. Leading an arbitral institution is no exception.
I wake up most mornings thinking about what will become of the self-driving car of arbitration.