Herbert Smith Freehills has published a new guide exploring a number of areas in which we anticipate that disputes may arise around the globe as a result of the Covid-19 pandemic or associated disruption.

These include contractual disputes, where parties may take steps to terminate a contract or claim damages if their counterparty is not performing, or conversely may be looking to rely on contractual or other mechanisms to excuse their own breach. Class actions may be brought where groups of individuals or businesses have similar claims arising out of the pandemic, for example shareholder, employee, competition or data breach claims.

The recent disruption has put many businesses at risk of insolvency, which in turn has increased the risk of insolvency litigation including claims brought by creditors and officeholders. The pandemic may also lead to an uptick of claims against the state by way of judicial review or other similar routes, and the actions and decisions of various governments may be scrutinised in a public inquiry (which may also involve commercial entities as participants). There is also the potential for investor/state claims under treaties designed to protect foreign investment.

Click here to read the guide on our website.