The judgment in SC v University Hospitals Southampton NHS Foundation Trust is of interest due to the current COVID-19 pandemic and the way it is affecting the court system, as it discusses the circumstances where a case is suitable for a remote hearing under the current guidelines. Johnson J heard the matter on 4 June 2020.
The established international litigation and arbitration landscape is littered with issues long familiar to counsel. Some, not least what substantive law should govern and which forum to choose to settle differences, are issues with considerable consensus across jurisdictions, such as that parties may settle differences contractually as a matter of party autonomy. In contrast, significant differences remain when it comes to disclosure, or what is called “discovery” in the US civil litigation system. Continue reading
International bar associations and chambers of commerce are increasingly recognising both the central role and evolving expectations of the legal profession in responding to climate change. The International Bar Association (IBA), the International Chamber of Commerce (ICC), the Stockholm Chamber of Commerce (SCC) and the American Bar Association (ABA), among others, have recently issued statements and reports covering various topics related to climate change and the legal sector. These initiatives provide guidance on how lawyers, legal practice and dispute resolution processes can help states, businesses, communities and individuals address contributions to, and impacts from, climate change. Continue reading