Coronavirus

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The travel bans imposed by the U.S. Government during the COVID-19 national pandemic created enormous logistical challenges for anyone seeking to fly to the U.S. from a country on the travel ban list.  Even today, there is still a great deal of confusion regarding who is subject to the travel ban, what are the exceptions, and how to go about applying for a National Interest Exception (NIE) waiver.  The checklist below is intended to help simplify an albeit complicated process.  Of course, most U.S. Consulates are still operating at limited capacities so significant delays for waivers and visa stamping is still the norm.Continue Reading Navigating the Travel Ban Jungle: National Interest Exception Checklist for the U.S. COVID Travel Bans

The outbreak of the coronavirus has been an unprecedented event affecting every industry, including construction.  To ensure their entitlement to an extension of time, costs, or even termination, parties to construction contracts need to carefully review the contract provisions that allocate risks.  Below, we discuss a number of practical considerations that may arise under a standard form construction contract – such as the FIDIC Red Book – in light of the COVID-19 pandemic.
Continue Reading Practical Considerations under FIDIC Contracts in Light of COVID-19

Since our last update, a little over a month ago, many major arbitral institutions have updated their guidance regarding COVID-19 in light of the continuing impact of the pandemic on ongoing proceedings.  Below we have included updated guidance from major arbitral institutions and expanded the chart to include a number of new institutions.  Thirteen major arbitral institutions[i] also issued a joint statement regarding “Arbitration and COVID-19.”[ii]  The statement encouraged parties and arbitrators to work together to mitigate the effects of COVID‑19 on proceedings while still ensuring fairness.
Continue Reading Major Arbitral Institutions Update Guidance Regarding COVID-19

The global health pandemic is a crisis affecting the health and well-being of our citizens, and a financial crisis of unknowable breadth and duration. We are all in crisis to one degree or another and trustees of private trusts face conditions and decisions once unthinkable. Trustees will be called upon to make the most difficult decisions of their tenures, including investments, management of trust assets, cost measures and decisions about distributions to beneficiaries.
Continue Reading Guidance for Trustees During COVID-19 Pandemic

International arbitration often equals international travel for both counsel, witnesses, and arbitrators.  But with the new reality of travel restrictions, “shelter in place” orders, remote work, and restrictions on gathering, in person hearings, especially among persons from different nations, may not be feasible, at least in the short term, and maybe longer.
Continue Reading The Impact of COVID-19 on International Arbitration Hearings