The Influence of Quarantine COVID-Restrictions Related and Policy of Digitalization on Dispute Resolution via International Commercial Arbitration

  • Volodymyr NAHNYBIDA Academician F. H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine
Keywords: coronavirus infection, international commercial arbitration, COVID-19, digitalization of arbitration, virtual process


The article deals with the study of the latest challenges for the institute of international commercial arbitration in connection with the pandemic of coronavirus infection COVID-19 and to the study of the impact of the concomitant introduction of digitalization tools at different stages of arbitration. Special attention is paid to establishing the reasons for the smaller negative impact of the pandemic on the institutions of alternative dispute resolution compared to the system of state justice. The paper proves that at the level of arbitration institutions there is a coordinated and balanced response to the challenges of the pandemic, which is expressed in the assurance of business and, consequently, potential parties in the dispute, in continuing the proper functioning of the institution and its administration even in the latest conditions, and in the development of guidelines and similar documents, the implementation of virtual arbitration practices. The measures taken by the leading arbitration institution of Ukraine — ICAC at the Ukrainian CCI in response to quarantine restrictions were identified, and the prospects for further development of international commercial arbitration in Ukraine and the world in the coming years were analyzed. The author summarizes that the analysis of innovations and prospects studied in scientific work regarding the further evolution of digitalization tools in the arbitration process, allows us to agree with the forecasts proposed in the report of ICAC at the Ukrainian CCI for 2020. At the same time, it is possible to add that already introduced mechanisms, such as document-only production, fast-track arbitration, Med-Arb, etc., will be more widely used in the practice of international commercial arbitration. It is further argued that even after the end of the COVID-19 pandemic, the changes it has brought and the virtualization and digitalization of the arbitration process will not lose popularity and become firmly entrenched in international commercial arbitration, reforming the institution to integrate modern technological progress realities at all stages of arbitration.


Rooney, K. M. (02.06.2021)The Global Impact of the COVID-19 Pandemic on Commercial Dispute Resolution in the First Year. Retrieved from International Bar Association:

Koronavirus (COVID-19) i sudy: Perehod ot sudebnogo razbiratelstva k arbitrazhu? (18.04.2020). Mezhdunarodnyj arbitrazh. Retrieved from Aceris Law LLC:

Naón, H. G., & Arp, B. (N.d.) Virtual Arbitration in Viral Times: The Impact of Covid-19 on the Practice of International Commercial Arbitration. Retrieved from Washington College of Law:

ICC Commission Report. Information Technology in International Arbitration. International Chamber of Commerce (2017). Retrieved from International Chamber of Commerce:

Badakh, Dzh. (18.03.2020) Ohliad pochatkovykh mekhanizmiv ekonomichnoho, natsionalnoho i bahatostoronnoho reahuvannia na covid-19. Retrieved from Ofis efektyvnoho rehuliuvannia BRDO:

Adeseye, T. (08.04.2020) How COVID-19 might affect international arbitration. Retrieved from Practical Law Arbitration Blog:

ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic (09.04.2020). Retrieved from International Chamber of Commerce:

HKIAC Guidelines for Virtual Hearings, HKIAC (05.05.2020). Retrieved from Hong Kong International Arbitration Centre:

The Vienna Protocol — A Practical Checklist for Remote Hearings (2020). Retrieved from Vienna International Arbitral Centre:

SCC Checklist on Holding Hearings in Times of Covid-19 (16.03.2020). Retrieved from The Arbitration Institute of the Stockholm Chamber of Commerce:

CIETAC: Guidelines on Proceeding with Arbitration Actively and Properly During the COVID-19 Pandemic (Trial) (28.04.2020). Retrieved from China International Economic and Trade Arbitration Commission:

SCC Platform Made Available to Ad Hoc Arbitrations Globally, SCC (23.04.2020). Retrieved from The Arbitration Institute of the Stockholm Chamber of Commerce:

LCIA Services Update: COVID-19 (18.03.2020). Retrieved from The London Court of International Arbitration (LCIA):

Wilske, S. (2020) The Impact of COVID-19 on International Arbitration — Hiccup or Turning Point? Contemporary Asia Arbitration Journal, 13 (1), 7–44.

Systema TPP v Ukraini u 2020 rotsi (N.d.). Retrieved from Uriadovyi portal:

Diialnist ICAC u 2020 rotsi (N.d.). Retrieved from Mizhnarodnyi komertsiinyi arbitrazhnyi sud pry Torhovo-promyslovii palati Ukrainy:

Rehlament Mizhnarodnoho komertsiinoho arbitrazhnoho sudu pry Torhovo-promyslovii palati Ukrainy. Zi zminamy, shcho nabraly chynnosti z 01.11.2020 r. (N.d.) Retrieved from Mizhnarodnyi komertsiinyi arbitrazhnyi sud pry Torhovo-promyslovii palati Ukrainy:

International Law