Dispute Resolution International

About Dispute Resolution International

Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.

Dispute Resolution International is edited by Kim Rooney, an independent arbitrator and barrister at Gilt Chambers, Hong Kong. Kim is assisted by an Editorial Board comprising leading practitioners from around the world.

Dispute Resolution International is distributed to all members of the IBA Dispute Resolution Section, giving it a readership of approximately 4,000. It is published twice a year and was launched in May 2007.

If you are interested in contributing to Dispute Resolution International, please contact Kim Rooney at: kim.rooney@giltchambers.com and Paul Crick at paulcrick@mac.com.

If you are not a member of the IBA, you can find out more about how to join here.

If you are interested in advertising in Dispute Resolution International, our latest media pack is available here.

Members of the Dispute Resolution Section committees receive Dispute Resolution International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 2075 5333
Pricing: £69 per issue
£139 per year, two issues per year
Five per cent agency discount available on annual subscriptions

Latest Issue - Vol 14 No 2 October 2020

In 2020, most of the world’s countries have had to respond to the severe disruption caused by the Covid-19 pandemic, which emerged in late December 2019 (the ‘pandemic’). The pandemic poses enormous health and socio-economic challenges. As of September 2020, it is not known when the pandemic will end; some countries are already experiencing further waves of infection.

Globally, judiciaries and arbitral institutions have been under great pressure to continue operating during the pandemic, notwithstanding the impact of social distancing, restrictions on movement and other measures intended to suppress, if not eliminate, the pandemic. Jurisdictions (and their dispute resolution institutions and other stakeholders) will need to continue to adapt to the pandemic, including determining priorities in light of their available resources (including financial and technological) and how best to address public health concerns; to provide access to justice; and to ensure fair, open, secure, cost-effective and efficient dispute resolution.

This is the first in Dispute Resolution International’s series of articles about the issues arising from the pandemic for global dispute resolution and jurisdictions’ evolving responses to the pandemic. Twenty-seven arbitration and litigation practitioners from 15 jurisdictions have contributed to this article reviewing the global impact of the pandemic in the first seven months of 2020 on commercial dispute resolution in Australia, Brazil, China, Egypt, England and Wales, Germany, Hong Kong SAR, India, Kenya, Nigeria, Singapore, South Korea, Sweden, the United Arab Emirates and the United States. Additional jurisdictions will be reviewed in later issues.

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This article analyses the existing law relating to the valuation of damages in contract in light of the Covid-19 pandemic, with a particular focus on events occurring after the termination of contract but before the assessment of damages. Such post-termination events can come in a variety of forms, which can be either purely external (eg, border closures and travel restrictions) or directly related to the parties (eg, cashflow difficulties caused by waning consumer demand). The difficulties to which they give rise depend on the circumstances of each case and, in particular, the nature of the supervening event, the time of its occurrence and the terms of the parties’ contract under which damages are claimed. It will be argued that although the decisions of the House of Lords in The Golden Victory and the Supreme Court in Bunge SA v Nidera BV will, in many cases, provide a ready answer as to whether post-termination events should be taken into account to reduce, eliminate or increase the amount of recoverable damages, the Covid-19 crisis is likely to highlight several areas of uncertainty in the law.

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Stephen Walker
Bloomsbury Professional Ltd (2020)
ISBN 9781526511324
408pp
£85 (paperback)

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How to order

Members of the Dispute Resolution Section committees receive Dispute Resolution International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 2075 5333
Pricing: £69 per issue
£139 per year, two issues per year
Five per cent agency discount available on annual subscriptions

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Disclaimer: The views expressed in journals, newsletters and papers are those of the contributors, and not necessarily those of the International Bar Association.