The May Edition of Outlook: a roundup of news and views from the 39 Essex Commercial and Construction Group

Welcome to the May 2020 edition of Outlook, a roundup of news and views from the 39 Essex Commercial and Construction Group. Readers will not be surprised to learn that the impact of the current global health emergency remains the primary focus for the C&C Group's practitioners.

Samar Abbas Kazmi and Philippe Kuhn examine the effect of COVID-19 on the work of the Business and Property Courts. Their article considers the official guidance issued by the senior judiciary and HMCTS, several COVID-19 related judgments handed down since the UK went into lockdown, and the emerging trends that can be discerned.

As some respite from coronavirus, Steven Lim revisits the proper law of the arbitration agreement and provides a critique of BNA v BNB & Anor [2019] SGCA 84 and Kabab-JI S.A.L v Kout Food Group [2020] EWCA Civ 6 with a postscript on Enka Insaat Ve Sanayi A.S. v OOO "Insurance Company Chubb" & Ors [2020] EWCA Civ 574.

With some countries around the world beginning to move out of lockdown, minds in the construction industry are turning toward what will happen as teams return to work. Swee Im Tan provides a mind-map of the topics on which construction lawyers will be called upon to advise.

And Samar Abbas Kazmi and James Bradford analyse the response of arbitral institutions to the COVID-19 situation, consider the challenges of remote working and offer practical tips on the way forward for practitioners and their clients involved in disputes.

You can read the full newsletter here.