For decades, the general attitude has been moving towards accepting contract adjustment in arbitration. More and more, the question is when and how a contract may be adjusted and not whether the arbitrators may have such a power. The article will firstly discuss hardship as a basis for contract adjustment and provide general discussion on arbitrators’ position in cases of hardship. Once the scene is set the paper will focus on how the issue is approached in the area of long-term gas sale and purchase agreements and especially the price review clauses. Based on their example, it is concluded that arbitral tribunals should evaluate not only conditions of hardship but also the will of the parties to continue the contract and, in absence of any other guidance, request proposals for adjustment from the parties.
Until 2020, arbitration hearings usually presumed a physical presence of all participants in one room. Although hearings conducted by way of remote communication, i.e., virtual hearings, have been technically possible for several years, their use was limited at best. Due to travel restrictions imposed by the COVID-19 pandemic, the situation changed rapidly and virtual hearings came into the focus of the arbitral community. Mindful of the changing attitudes, this paper firstly discusses attributes of the virtual hearings, their advantages and challenges. Furthermore, with the benefit of the hindsight, the second part looks at how the arbitral institutions handled the “new normal” imposed by COVID-19 in terms of the guidance provided to the tribunals and parties.
Apart from international arbitration, where common state approaches may be seen, e.g. in the field of recognition and enforcement of arbitral awards, some contributions focus on national arbitration, which can bring a comparative point of view of arbitration in different states. Several contributions relate to investment arbitration, in particular, following the Achmea decision. From the most up-to-date topics, some papers are devoted to the COVID-19 pandemic or blockchain technology and their impact on arbitration. Also, the so-called Macao arbitration framework statutory established in 2020 by China will be presented. Traditional topics such as determining the applicability of non-state body of law or rules of law in arbitration or the institute of public policy exception are also included. Arbitration and the issue of double taxation may also bring attention and be beneficial to conference diversity.respective obligations are discussed.
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