Among lawyers, disputes practitioners have always been a special breed, revered for not just their presence and quick-wittedness in court, but also for their out-of-the-box strategizing to beat the odds when needed, and deliver the ideal outcome for their client. But this past year has needed them to be on the top of their game than ever before, as economies reeled under the effects of the pandemic, and even the old ways of settling disputes having to be rethought in the face of the deadly virus.
Keith Brandt, managing partner of Dentons Hong Kong, feels that dispute resolution saw a significant increase in activity in the earlier parts of 2020, with international arbitration coming to the fore on the back of the uncertainty surrounding the courts being open for business. “Sadly, significant activity can be directly attributed in some way to COVID-19, arising from the mass disruption to commercial activity due to the global pandemic,” notes Brandt. “Liquidity in the market is tight and, due to broken commitments stemming from the virus, there has been a constant demand from businesses involved in international cross-border trade for review of force majeure provisions to determine if proper grounds can be established to justify delay and/or entitlement to terminate commercial contracts.”