Navigating a New Reality: Arbitrating Commercial and Investment Disputes in a Deglobalizing World

The event will be dedicated to the discussion of effects on international dispute resolution of the legal symptoms of the ongoing deglobalization process, such as tariffs, sanctions, investment restrictions, supply chain reshoring requirements, data localization laws, immigration and labour mobility controls, and other protectionist measures. We will discuss the effects of these measures across various industries, as well as legal protections and dispute resolution mechanisms available to businesses. We will also touch upon the role of arbitral institutions in effective resolution of disputes in this new reality.
The panel members will share their insights about the effects of various protectionist policies across industries. Issues to be discussed will include:
-disputes with sovereign states arising out of protectionist measures;
-claims from/against subcontractors due to failed projects;
-disputes arising out of disruption of supply chains;
-disputes relating to insurance of projects;
-disputes related to payments, bank guarantees and financing of projects;
-effect of restrictive measures on the agreed arbitration mechanism, barriers to recognition and enforcement of arbitral awards due to restrictive measures;
-role of arbitration institutions.
Presentations and discussions by the panel members will be followed by Q&A, refreshments and a networking session.

Disputes finance – Evolution or Revolution? Are we at an inflection point and how will it play out?

The panel will cover the multitude of new issues (globally) affecting disputes financing this year and their impact on the funding of arbitration.

  • Market update and changes
  • The rise of funding in arbitrations
  • General principles on costs in arbitration
  • Landmark decision in Essar v Norscott
  • The Follow-Up: Tenke Fungurume Mining SA v Katanga Contracting Services SAS
  • Comparative Institutional and Jurisdictional Approaches
  • Arguments for and Against Recovery of TPF Costs
  • Implications for Commercial Arbitration
  • The Road Ahead: Reform or Clarification?