12 January 2022
2021 was a year of consolidation globally, in terms of the adjustments and measures put in place by judicial and legal systems to cope with the challenges presented by the Covid-19 pandemic.
In many countries people continued to work from home and travel was restricted. Online and video linked proceedings have become part of the norm, while arbitration, mediation and other forms of ‘alternative’ dispute resolution have increasingly been used to address backlog and delays in the court process. Although there has been a gradual opening-up of courts and a return to live hearings, (with new safety measures in place), it seems that some of the new ways of working are here to stay, particularly the use of technology for court filing and shorter and interlocutory hearings.
In many jurisdictions, civil and criminal procedures are being reviewed and reformed, in efforts to increase efficiency and modernise the litigation process. In particular, we have seen the establishment of further specialist courts in national jurisdictions that are equipped to deal with commercial cases involving parties from around the globe.
Climate change and ESG issues have been prominent this year, with COP26 increasing awareness and focus on these topics generally. 2021 has also seen an increase in collective redress and ESG-related actions globally and, as we look forward to 2022, many countries can expect to see a continued growth in these kinds of proceedings.
The Dispute Resolution Year in Review and Year to Come – A Global Perspective draws together analysis, thought leadership and highlights from our Dispute Resolution team around the world. The guide summarises a selection of the major developments in dispute resolution from 2021 and highlights a number of significant developments on the horizon in 2022.
For further information, please contact:
Patrick Robinson, Partner, Linklaters
patrick.robinson@linklaters.com