23 April 2020, Nur-Sultan

Alexander Korobeinikov, Partner

Arbitration Opportunities During

and Post COVID-19
Agenda:

1 Challenges for parties and arbitration institutions

due to COVID-19 restrictions

2 Modern trends on on-line arbitration/litigation as

response to COVID-19 restrictions

3 Practical tools for parties and arbitrators to

address COVID-19 challenges
1. Challenges for parties and
arbitration institutions due to
COVID-19 restrictions
Main Challenges:
❑ Closure of offices and courts;
❑ International movement restrictions;
❑ Post/courier services delays;
❑ Bank transfers delays;
❑ Restrictions of getting access to documents and witnesses; and
❑ Difficulties with verification of court documents/arbitral awards.
Examples:
❑ UK
Restricted access to the court building. Courts are conduct hearings by video link.
LCIA is working remotely from 19 March. Parties are advised to use online filing system or email. For
expedited tribunal formation or emergency arbitrator applications, notify in advance by email.
❑ France
Courts proceed only with very important cases, including hearings for people in custody, urgent cases
handled by judges for children and procedures related to the eviction of a violent partner.
ICC: Strongly advised that all communications are by email. Hearings and other meetings scheduled to take
place at the ICC Hearing Centre in Paris until 13 April 2020 have been postponed or cancelled.
❑ Hong Kong
The Hong Kong Judiciary has put in place a General Adjourned Period ("GAP"), since January 29 and has
adjourned court proceedings and closed court registries / offices, save for dealing with urgent and essential
hearings and matters.
In general, the hearing or appointment fixed within the GAP will be adjourned to a date to be re-fixed. The
parties concerned will be given clear notifications and sufficient lead time for preparation of their cases,
regardless of whether the hearings are to be re-fixed or proceed as scheduled.
Examples:
❑ USA
In jurisdictions across the country — especially COVID-19 "hot spots" — courts have entered
emergency orders suspending trials and hearings, tolling the statute of limitations, and
shuttering their doors to conducting anything but the most essential business.
ICSID is fully-operational from remote work-stations and coordinating with Tribunals and
parties to minimise disruption to cases. Electronic-only filing is encouraged.
❑ Kazakhstan
Local courts are instructed to strictly observe quarantine measures in order to exclude
contacts to the maximum to prevent the risk of the spread of coronavirus among visitors.
Courts in major cities are considering only urgent cases regarding (i) national security , (ii)
functioning of important areas of the life of society and the state, (iii) limiting the constitutional
right to personal freedom. Other court proceedings should be suspended or postponed until
the end of the State of Emergency. All court hearings should be conducted on-line using
videoconferences.
2. Modern trends as response to
COVID-19 restrictions
Modern trends:

❑ On-line litigation and arbitration hearings;

❑ E-filing of submissions, documents, witness
statements; and
❑ E-signatures on court documents and arbitral awards.
Examples:
❑ ICC
ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19
Pandemic.
✓ on-line hearings;
✓ cyber-protocol;
✓ e-filing; and
✓ e-signature of procedural documents and awards.
❑ LCIA
✓ e-filing of submissions and other documents;
✓ arbitrators are requested to deliver their awards by email to casework@lcia.org, and should notify
the same email address if for any reason this is not possible.
✓ LCIA will, in all but exceptional cases, transmit awards to parties electronically, with originals and
certified copies to follow, once the LCIA office has re-opened.
Examples:
❑ SCC
✓ e-filing of submissions and other documents;
✓ on-line hearings are recommended.

❑ KCAB
Seoul Protocol on Video Conferencing in International Arbitration
❑ SIAC
All communications with the SIAC Secretariat shall be made via email
Notices of arbitration shall be filed via email
Applications for emergency interim relief under the SIAC Rules shall be filed via email and parties are
advised to notify the secretariat in advance to ensure the application is promptly processed;
All payments to SIAC shall be made via electronic bank transfer only;
All communications from SIAC, including Awards issued by the Registrar, will first be transmitted via email,
with original copies to follow (where applicable).
3. Practical tools for parties and
arbitrators to address COVID-19
challenges
Practical Tools and Advices
❑Check immigration rules and restrictions;
❑Take regular online video conference trainings;
❑Secure good and stable Internet connection;
❑Use one of guidelines for on-line hearings;
❑Minimizing attendees in the room during on-line hearings;
Practical Tools and Advices
❑Avoiding unnecessary factual and expert witness cross-
examination;
❑Secure remote access to documents;
❑Check on-line filing rules of state courts in jurisdiction of
potential enforcement; and
❑Consider interim measures application to the state courts.
 Alexander Korobeinikov is a partner at the Kazakhstan office of Baker McKenzie.
He specializes in dispute resolution, energy and natural resources, and antitrust and
competition issues.

Alexander has wide experience participating in litigation in Russia, Belarus,

Kazakhstan and Central Asia, as well as in international arbitration cases in
accordance with the arbitration rules of the ICAC, UNCITRAL, ICC, SCC, LCIA and
other arbitration institutions, as both a party counsel and arbitrator.

Alexander Korobeinikov is the author of a number of articles on Belarusian,

Kazakhstani, Kyrgyz, Uzbek, Russian and English law issues, including
international arbitration, dispute resolution, antimonopoly and bankruptcy
proceedings.

Alexander Korobeinikov is included in the lists of a number of European and Central

Asia international arbitration institutions. He is also a member of the Supporting
Competition in the CIS Non-commercial Partnership; SCC Young Arbitrators
Contacts: Stockholm and ICC Young Arbitrators Forum (Paris); ICC European Arbitration
Group (Paris); and the Kazakhstan Bar Association; and, since September 2018,
Alexander Korobeinikov one of the first Kazakhstani lawyers listed as an arbitrator by the International
Partner
Baker & McKenzie – CIS, Limited Arbitration Centre at the Astana International Financial Centre.
Samal Towers, 8th Floor
97 Zholdasbekov Street
Almaty, 050051
Kazakhstan
Tel: +7 727 330 05 00

alexander.korobeinikov@bakermckenzie.com
 Thank you!
Alexander Korobeinikov
Counsel
Baker & McKenzie – CIS, Limited
Samal Towers, 8th Floor
97 Zholdasbekov Street
Almaty, 050051
Kazakhstan
Tel: +7 727 330 05 00
Direct: +7 727 3 300 510
Fax: +7 727 258 40 00
alexander.korobeinikov@bakermckenzie.com

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