The contract disputes now emerging from the COVID-19 pandemic are sure to lead to litigation in both courts and arbitral tribunals involving a wide range of businesses and industries. This litigation will raise novel issues requiring a practical guide on how companies can best position themselves to achieve favorable outcomes in COVID-19 contract disputes.
The key issues relate not only to affirmative defenses and burdens of proof, but also to the nature of relevant evidence, the importance of expert testimony and the major themes of winning strategies.
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Originally published May 29, 2020.
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