International commerce is undergoing a period of rapid and tumultuous change. Globalisation continues to create new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to resolve international disputes. At the same time, some of globalisation’s champions, the USA and the UK in particular, show signs of shifting towards protectionism. The COVID-19 pandemic has accelerated this shift. It has brought an unprecedented level of disruption to the global economy and world trade and prompted governments around the world to turn to protectionist policies. International litigation now reflects these contradictory trends.

On a global level, COVID-19 has had a profound impact on the conduct of international litigation. According to a survey of 37 countries conducted by the International Bar Association Litigation Committee in 2020, COVID-19 has created a substantial backlog of hearings due to court closures in most jurisdictions. It has also led to many jurisdictions implementing new technological mechanisms to allow for litigation to be conducted remotely via video conference and other kinds of online platforms.

Originally published in Chambers Global Practice Guide Litigation 2021.