Welcome to the 19th issue of Inside Arbitration

Welcome to the 19th Issue of Inside Arbitration

This edition explores a range of topics that are shaping the landscape of international arbitration, all interconnected by the themes of geopolitical shifts, technological advancements, and evolving legal frameworks.

Two articles combine all three of these themes. The first focuses on M&A, analysing current trends as geopolitical instability, market pressures, and regulatory challenges create more contentious deals. The second examines submarine cables, which serve as both crucial investments for technology businesses and critical infrastructure for states and companies worldwide. The article outlines key commercial arrangements and legal rules governing submarine cable projects and discusses how international arbitration can help stakeholders mitigate associated risks.

Continuing with the theme of geopolitical shifts, we examine commercial disputes arising from Russia's invasion of Ukraine, the rise in investment disputes against Russia, and the strategic use of anti-suit injunctions by Russian courts. We also delve into Latin America, exploring trends impacting foreign participants in construction projects across the region.

Focusing on technological advancements, we address the surge in demand for data centres driven by AI and digital services. We examine key legal issues faced by developers and investors in data centre development, including how power demand influences contractual risk allocation, supply chain constraints, and regulatory uncertainty.

Additionally, please take a look at our infographic, which compiles publicly available data from various arbitral institutions. It provides a comparison of how arbitration users worldwide make choices in international arbitration, covering aspects such as the number of international cases, the value of caseloads, common users across institutions, governing laws, and arbitrator nationalities.

Finally, this issue casts a spotlight on partners Ben Jolley (based in Tokyo) and James Doe (based in London), both of whom have extensive experience in handling complex construction and infrastructure projects.

We hope you enjoy this edition of Inside Arbitration and look forward to discussing it with you.

Inside Arbitration Issue 19