Procedural force majeure and hardship in ADR on the example of the COVID pandemic

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Procedural force majeure and hardship in ADR on the example of the COVID pandemic.

Dmitry Davydenko, Ph.D. in law, Russia

The concepts of “force majeure” and “hardship” should be applied not only to substantive law but also to procedural legal relations. Unlike in substantive law, the main purpose of the application of these concepts does not consist in avoiding liability for failure to perform one’s duties but to authorize the dispute resolution provider to adapt the procedure or timeframe to the unforeseeable circumstances.
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About the Author:

Dr Davydenko is a co-editor of the CIS Arbitration Forum. He is an associate professor at the Moscow State Institute of International Relations (MGIMO University), Department of Private International and Civil Law, and at Higher School of Economics. Dmitry Davydenko has experience as an arbitrator in the ICC and other arbitral proceedings and is listed as a recommended arbitrator of HKIAC, International Commercial Arbitration Court and Maritime Arbitration Commission at Russian Chamber of Commerce and Industry, as well as of other reputed arbitral institutions. Included in the list of best practitioners in arbitration in Russia as of the years 2017 through 2021 (a Global leader for 2022) by Who’s Who Legal and Global Arbitration Review (GAR). He also acts as a Russian law expert on various matters related to international commerce.

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