Inside Arbitration Issue 19: Perspectives on cross-border disputes

We are delighted to share with you Issue 19 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice.

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.

We first look at M&A disputes, analysing current trends as geopolitical instability, market pressures, and regulatory challenges create more contentious deals. We also discuss submarine cables, highlighting their importance for technology businesses and critical infrastructure, and how the use of international arbitration can 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.

We have also compiled an infographic based on 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 spotlights partners Ben Jolley (Tokyo) and James Doe (London), both of whom have extensive experience in handling complex construction and infrastructure projects.

Articles in this edition include:

• Connecting the dots: International arbitration and submarine cables

International arbitration has an important role to play in public-private partnerships, an emerging model for the maintenance and protection of submarine data and communications infrastructure.

• Geopolitics and Russia-related disputes

We explore how courts are responding to rising tensions in Europe.

• Constructing the digital future: Legal challenges in data centre projects

Powering the AI era presents major construction challenges.

• Navigating construction challenges in Latin America

We explain the trends impacting foreign participants in projects across the region.

• Deal or no deal: M&A trends and disputes risks for 2025 

Geopolitical instability, market pressures and regulatory challenges are likely to create more contentious deals.

• Spoilt for choice: Where to arbitrate?

We map trends in disputes currently before leading arbitral institutions.

• Spotlight Interviews with Ben Jolley and James Doe

Previous issues and articles can be viewed on our website. We hope that you enjoy reading Issue 19 of Inside Arbitration and would welcome any feedback you may have.

For more information, please contact partners Andrew Cannon and Simon Chapman KC or your usual Herbert Smith Freehills contact.