المستخلص: |
Coronavirus ‘COVID 19’ has been the cause of paralyzing the most aspects of life all over the world. Arbitration has not been excluded from the effects of this pandemic; it has posed a serious problem to adapt this mechanism to find out solutions during the moment of pandemics and crises. Governments all over the world have applied a series of measures to reduce the spread of COVID 19 such as; quarantine, limiting the freedom of people’s movement and roaming, closure the borders, moreover the declaration of a state of emergency which has led to concrete difficulties which may prevent arbitration rule to start and to continue. To make matters worse, there is an absence of a department, which unifies the way that the arbitration tribunals are dealing with ongoing arbitration, in the time of the pandemic or a crisis, as is the case in the official judiciary. Therefore, this topic tries to touch the impact of this pandemic, as a model of the crisis and the risks, which face arbitration and its ongoing procedures. This is by analyzing the implication of this situation on the constitution of arbitral tribunals and then it clarifies the challenges, which, these tribunals may face while managing the procedures. The extent to which this virus affects the implementations of the arbitral tribunal and the execution of the mutual obligations of the parties and the possibility of holding the arbitrator’s responsibility for the failure to implements the contract that binds him to the parties. This topic will also lead to figuring out the solutions adopted by the arbitral tribunals to be adapted to the situation and to avoid these matters in the future.
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