International arbitration
in 2024
Welcome to our annual review of the top trends we expect to shape the international arbitration landscape over the coming year and beyond.
Our international arbitration specialists from across our global network have identified 11 key trends that we predict will influence the field of international arbitration in 2024.
Several overarching themes drive these trends. Geopolitical and economic instability is a catalyst for disputes across many sectors, especially when combined with the pursuit by many companies of ambitious tech-related, energy transition and net zero goals.
Environmental, social and governance (ESG) issues continue to loom large for businesses in transition, so ESG features prominently in several of the trends. Global macroeconomic factors, such as inflation and the increased cost of capital, are driving disputes across multiple sectors. Sanctions-related issues are increasingly prevalent for parties navigating the fallout of the Russia-Ukraine conflicts and other conflicts as well.
Our report also investigates the risks and opportunities presented by recent developments in the practice of international arbitration. How will artificial intelligence affect arbitration? How should recent arbitration-related court decisions inform disputes strategies? What are the implications of reform of the UK Arbitration Act? How can investors navigate the EU’s continued efforts to block intra-EU investment arbitration?
Our team not only monitors these developments closely but also plays an active role in shaping thought-leadership in the international arbitration community. We play a leading role in promoting diversity with the Equal Representation in Arbitration Pledge, and greener arbitrations, with our support of the Campaign for Greener Arbitrations.
This is an exciting time for international arbitration. Numerous disruptive events are transforming the process and expanding its scope of application further and further.
Boris Kasolowsky
Global Co-head of the International Arbitration Group
We hope these first-hand insights will help you plan your disputes strategies in 2024 and beyond. We look forward to overcoming any obstacles and maximizing your opportunities in this rapidly evolving landscape.
Noiana Marigo
Global Co-head of the International Arbitration Group
Published: February 2024
Top trends 2024
- Introduction
- Generative AI: opportunities and risks in arbitration
- Arbitration in times of crisis: conflict, sanctions, climate
- Energy transition: critical minerals industry challenges
- Arbitration Act 1996 reforms: ensuring London remains a leading seat for international arbitration
- EU campaign to end intra-EU investor-State arbitration: pushing investor creativity
- India: a new era for international arbitration?
- The evolving landscape of arbitrator conflicts and disclosure requirements
- Construction and environmental disputes from oil and gas decommissioning
- Public international law’s growing relevance for businesses
- Clarity or confusion? The implications of domestic court rulings for arbitration
- Is your life sciences contract susceptible to renegotiation or termination if the economics of the deal changes?
- Arbitration top trends archive
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Key contacts
If you would like to discuss any of the topics covered in the report, please reach out to us, the authors of the trends or your usual Freshfields contact.