At a roundtable discussion on May 11, 2021 titled ‘Identifying And Solving Key Challenges Due To The Disruption Of The Pandemic,’ leading members of the international arbitration community, including external counsel, in-house counsel, arbitral institutions and arbitrators, discussed the challenges facing international commercial and investment treaty arbitration due to the disruptions caused by the COVID-19 pandemic. This discussion provided important insights in identifying these challenges and the steps that the international arbitration community needs to take to address them. The article briefly summarizes the key takeaways that emerged from the roundtable discussion.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...