RESUMO
[...]of the disruptions caused by the COVID-19 pandemic, global arbitration has adapted to a 'new normal'. Arbitration trends A number of trends are emerging with respect to life sciences disputes that are anticipated to continue for the foreseeable future, including in particular: * A greater number of disputes arising out of global supply chain disruptions, and use of the pandemic as a defence to contractual non-performance * An increase in disputes over earn-out clauses and pre-closing covenants in M&A transactions * A rise in investor-state claims brought by investors against states for breach of international investment protection agreements * More insolvent parties in arbitrations, which pose particular challenges * An increase in third-party funding of significant claims in international arbitration * The continued use of efficient procedures by arbitral tribunals, including paperless proceedings and remote hearings. Earn-out arrangements are usually intended to bridge the gap between diverging valuations of the target company by the buyer and the seller at the time of closing-in addition to the upfront purchase price, the seller of a business receives further payouts if and when the target company achieves certain agreed performance targets over an agreed period of time after closing. [...]the seller trades the certainty of a lower upfront payment for a potential higher pay-out in the future. [...]party funding of claims Third-party funding of significant claims is now a common feature in international arbitration and has become available in jurisdictions that previously were subject to regulatory restrictions.