Spotlight on International Construction Arbitration in the New Normal

Damian James speaks to David Brynmor Thomas QC of 39 Essex Chambers and Fernando Ortega of CVML about the future of construction arbitration post COVID-19 and perspectives on issues such as funding, enforcement, and force majeure. Guest speakers: • David Brynmor Thomas QC, 39 Essex Chambers https://www.39essex.com/barrister/dav... • Fernando Ortega, CVML https://www.cvml.com/team/fernando-or... He asked the panel: • Has the change to force majeure provisions placed a whole new set of unavoidable risks onto the contractor? • Has covid now almost rendered delay analysis impossible in the covid 19 arena? • How should pricing be approached on projects, and how do parties to a contract deal with these negotiations in the pre-contract stage? • How can covid claims in the future focus on cost recovery? • How are funders and third parties reacting to the continuing change and an aspect of dispute resolution that is not specifically supported by multiple authorities? • Are contractor’s claims going to be time-barred?