Much has been said about the present COVID-19 pandemic, but the reality is that most economies are now reopening for business. Corporate counsel, institutions, private practice lawyers and ADR professionals are now faced with the challenge of planning for a future where pandemics and other global disruptions will threaten global business operations again. How should clients, counsel, and the ADR community react to the challenge of serving the needs of globalized business in a time of pandemics, natural disasters and widespread socio-economic disruption? This panel will convene to consider the issue of future ADR challenges in an increasingly uncertain world. Amongst the topics discussed, the panel will consider the following issues:
- Will the role of ADR in resolving cross-border disputes expand or contract? Do we need to look beyond conventional ADR to a broader world of dispute management?
- What are the merits and challenges of increased use of technology in ADR proceedings? What does recent experience suggest about the effectiveness of remote mediations?
- Is the standard arbitration clause now inadequate in dealing with future economic disruptions? Are tiered clauses a hindrance or help during a pandemic? Should special provision in arbitration clauses be made for summary disposition of force majeure and other related claims?
- Do we need to look beyond conventional ADR to a broader world of dispute management?
- Lorraine M. Brennan (Moderator), Arbitrator & Mediator, JAMS – New York
- Laura Abrahamson, Senior Vice President, Deputy General Counsel, Head of Litigation, AECOM – Los Angeles
- Howard Carsman, Global Construction Claims Manager, Intel Corporation – Portland
- Marek Krasula, Counsel, International Court of Arbitration (ICC) – New York
- Nathan O’Malley, Partner & Head of International Litigation and Arbitration, Musick Peeler – Los Angeles
- American Bar Association – International Law Section
- American Bar Association – Dispute Resolution Section
- Boston International Arbitration Council
- California International Arbitration Council
- Chartered Institute of Arbitrators
- Miami International Arbitration Society
- New York International Arbitration Center
- Business Commercial
- Intellectual Property
- International & Cross-Border