CPR COVID-19 Update

The COVID-19 virus has affected all aspects of our daily lives, and we at CPR continue to monitor developments that affect our staff, members, neutrals and those to whom we provide services. We are assessing the situation daily and monitoring all recommendations from the World Health Organization, U.S. Centers for Disease Control and Prevention, and state and local authorities. We encourage you to do the same.

SAFETY PRECAUTIONS

CPR has communicated with the appropriate parties about best practices and recommended safety guidelines, both with regards to our personal habits and CPR’s physical office space.

We do ask that our staff and any visitors exercise caution and good judgment and not come into our office when they are sick or experiencing symptoms such as runny or stuff nose, fever, cough, shortness of breath, sore throat, body aches, chills or fatigue. If there is any doubt, we advise erring on the side of caution and would be happy to assist via phone or other (e.g., videoconferencing) means.

CPR PROGRAMMING AND EVENTS

While some events scheduled for the near term are, out of an abundance of caution, in the process of being rescheduled, others have already been seamlessly transformed to online proceedings. For some time now, all CPR committee meetings already have offered a virtual component (i.e., with video or audio conferencing) so that programming will not change for the immediate future – and there are some great meetings scheduled, on timely topics.

For example, next week our Mediation Committee will be hosting a panel discussion on comparisons between domestic and international mediation. Our panelists have updated their presentation to include a discussion on how mediators are adapting to the coronavirus outbreak in the United States and abroad. We are also going to hold our Employment Committee’s Post-Epic Systems panel discussion at the end of March via video conference as well. Given that CPR’s membership spans the world, our members are able to participate remotely – and robustly – in committee programming. 

BUSINESS AND DISPUTE RESOLUTION SERVICES CONTINUITY

CPR has planned and prepared for situations such as these. Our New York office remains open and operational. However, should the need arise, our staff is prepared to work securely and remotely.

In the event it becomes necessary for us to temporarily close our physical office, rest assured that CPR Dispute Resolution can and will operate virtually, offering our full suite of dispute prevention and resolution services without interruption.

“ALTERNATIVE ADR” – ONLINE AND OTHER RESOURCES

As more and more companies restrict travel and communities restrict travel and large gatherings, questions have also arisen as to alternatives to face-to-face arbitration hearings or mediations. We urge parties and neutrals to discuss these issues as they arise, and CPR has taken steps to help parties and neutrals address these challenges. Specifically, we have arranged for CPR’s neutrals to have access to a secure online platform for the management of mediations and single arbitrator cases.

We also encourage anyone utilizing video or online venues or processes to review The ICCA-NYC Bar-CPR Protocol on Cybersecurity in International Arbitration (2020 Edition).

Please let us know if you have any questions or concerns, or if there is an issue here we have not addressed. We are all part of the same dispute prevention and resolution community, and look forward continuing to support one another as we navigate this situation, together.  Please stay safe and healthy.

Ecuador’s Plea for Mediation in the Assange Standoff

By Ginsey Varghese

In early January, Ecuador Foreign Minister Maria Fernanda Espinosa indicated interest in mediation by a “third country or personality” to resolve the asylum case of Julian Assange, the founder of WikiLeaks.

Assange has been living in Ecuador’s embassy in London since June 2012, avoiding extradition to Sweden on a rape charge. Paulina Dedaj, “Assange asylum ‘not stable,’ Ecuadorian embassy says,” Fox News (Jan. 9) (available at http://fxn.ws/2DX3Vaq).

The Swedes are no longer pursuing the case, but the United States still may want Assange extradited in connection with the WikiLeaks publication of U.S. military information.

Today, a U.K. court denied Assange’s request to invalidate the arrest warrant for him, after his lawyers argued that there was no need for extradition since the original charges in Sweden had been dropped.  “Julian Assange arrest warrant still stands, court rules,” BBC News (Feb. 6)(available at http://bbc.in/2GT7obb). The request was denied.

The BBC earlier reported that Assange’s current arrangement is unsustainable. “A person cannot live in those conditions forever,” Espinosa said. “Julian Assange: Ecuador seeks mediator in ‘unsustainable standoff,’” BBC News (Jan. 9) (available at http://bbc.in/2DZYc3S).

Assange earned notoriety in 2010 when WikiLeaks released confidential materials about U.S. military activity in Iraq and Afghanistan, which included helicopter video of civilians being killed in Iraq, diplomatic correspondence of underground negotiations and classified documents about the war in Afghanistan and Iraq. Liam Stack, Nick Cumming-Bruce & Madeleine Kruhly, “Julian Assange: A Legal History.”  N.Y. Times (Updated Jan. 26)(available at http://nyti.ms/2mZAywg).

There are rumors of a secret U.S. arrest and extradition warrant for his connection to exposing U.S. state secrets if he leaves the embassy. Maggy Ayala & Steven Erlanger, “Ecuador Gives Assange Citizenship Worsening Standoff with Britain.” N.Y. Times (Jan 11) (available at http://nyti.ms/2EzDfvk).

Assange fears prosecution by the United States, and British officials have not provided any assurances that he would not be extradited. Alexandra Valencia, “Ecuador says exploring mediation to solve Assange standoff,” Reuters (Jan. 9)(available at http://reut.rs/2DHNEpB).

CNN earlier reported that the British police maintain an arrest warrant for Assange because he jumped bail after the British Supreme Court denied his extradition appeal. Jason Hanna, “Swedish court refuses to revoke Julian Assange’s arrest warrant,” CNN (Nov. 20, 2014) (http://cnn.it/1r0v79Y). See also Ana Melgar, Jamie Grey, and Kara Fox, “WikiLeaks founder Julian Assange granted Ecuadorian citizenship,” CNN (Jan 11) (http://cnn.it/2D3H4wT).

Assange described the situation since his arrest as a “terrible injustice.” Robert Booth, “Julian Assange’s stay in London’s embassy untenable, says Ecuador,” Guardian (Jan. 9) (available at http://bit.ly/2CLUs4B).

When Ecuador initially granted asylum to Assange, he was viewed as a political hero by many for opposing “US imperialism”; but today, with his interference in the 2016 U.S. presidential election, Assange’s supporter base has shifted to “hard-right nationalists,” according to the Guardian‘s James Ball, “The only barrier to Julian Assange leaving Ecuador’s embassy is pride,” Guardian (Jan. 10)(available at http://bit.ly/2DguTtu).

Reuters earlier quoted Espinosa, who stated, “No solution can be reached without international cooperation and without cooperation from the United Kingdom.”

The Guardian noted that Assange’s lawyer appeared to welcome Ecuador’s mediation proposal, and emphasized that the U.K should “respect[] its human rights obligations and commitments to the United Nations.”

But UK government countered that Assange should leave the embassy and face justice.

The diplomatic standstill has only worsened with Ecuador’s grant of citizenship to Assange last month, a decision that Ecuador Foreign Minister Espinosa explained was made after careful review of Ecuador’s obligations under Ecuadorean law and international law, according to the New York Times.

Ecuador’s “mediation” pitch may be a route to resolution, but so far, the stalemate continues.

The author is a CPR Institute 2018 intern. She is a law student at Pepperdine University’s School of Law in Malibu, Calif.