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In business, disputes are inevitable. Whether due to contract breaches, shareholder disagreements or unpaid debts, such conflicts can strain operations. Business disputes are evolving, shaped by global trends and emerging across sectors. As companies engage in complex, multinational transactions, the risk of cross-border disputes increases. This calls for a robust yet flexible approach – whether through litigation or arbitration – to protect commercial interests in a fast-changing global environment.

UNITED STATES

Quinn Emanuel Urquhart & Sullivan, LLP

“The US has recently seen a rise in commercial disputes in cryptocurrency, data security, corporate governance, contract disputes and the enforcement of foreign arbitration awards. We expect the rise in disputes over cryptocurrency to continue, especially as the industry grows and as US government regulation and enforcement in the cryptocurrency space decreases under the new administration. Private actors will increasingly resort to self-help through litigations and arbitration, as the US government takes a less active role.”

UNITED KINGDOM

Milbank

“The UK continues to be a very active centre for the resolution of commercial disputes, with claims arising in a variety of contexts and sectors. In particular, the increase in various types of group claims continues to be a marked trend. For example, the growth in competition class actions brought with the benefit of litigation funding has continued, with a particular focus on claims against large technology firms alleging that they have abused a dominant position in the relevant digital market.”

FRANCE

Lamartine Conseil

“The global economic climate in recent years has had an undeniable impact on business in general, and on arbitration. In France, judicial decisions have tackled interesting issues in connection with international public policy. Over the last 18 months, French courts have reinforced their scrutiny of international arbitration awards and have issued noteworthy decisions in connection with challenges of arbitrators on the ground of corruption. Other court decisions have also dealt with the recurring issue of arbitrator impartiality and independence, particularly regarding the duty of disclosure, which is effective throughout the arbitration proceedings.”

ITALY

Hogan Lovells Studio Legale

“The injection of public funds into the infrastructure and construction sectors starting from the coronavirus (COVID-19) years has led to a significant increase in litigation in this area in Italy. This has been largely driven by a wave of illiquidity, made worse by changes to the regulatory framework, reduced tax incentives and more intense inspections by public authorities. These factors – together with global geopolitical uncertainty and price increases – have triggered a cascade of private disputes, in addition to the more traditional conflicts between contractors and clients.”

PEOPLES REPUBLIC OF CHINA

Beijing Dacheng Law Offices, LLP (Shanghai)

“Commercial disputes in China are increasingly influenced by international factors, leading to a notable rise in cross-border controversies. Particularly significant increases are observed in complex cross-border inheritance disputes involving high-net-worth individuals, challenging enforcement cases in cross-border dispute resolution and intellectual property conflicts – including cross-border data disputes – such as those concerning trade secrets. Meanwhile, domestic disputes are surging in the fund sector, the financial trust field and valuation adjustment mechanism buyback disputes.”

UNITED ARAB EMIRATES

Norton Rose Fulbright (Middle East) LLP

“The United Arab Emirates (UAE) continues to experience rapid but stable economic growth. The pro-business policies of the UAE have continued to drive substantial foreign direct investment, particularly in Dubai, Abu Dhabi and, more recently, Ras Al-Khaimah. Key sectors such as finance, renewable energy, real estate, technology and international trade are particularly buoyant. Notwithstanding such a strong market, some projects and investments do not always go according to plan, resulting in the potential for commercial disputes.”

SOUTH AFRICA

Herbert Smith Freehills Kramer

“Over the past 12 to 18 months, South Africa has seen a marked increase in commercial disputes, particularly in the energy sector. As renewable energy projects expand, disputes involving regulatory compliance, procurement and socioeconomic obligations are becoming more frequent. Other sectors such as construction and mining have also experienced a rise in disputes, often linked to delays and contractual breaches.”

CONTRIBUTORS

Beijing Dacheng Law Offices, LLP (Shanghai)

Herbert Smith Freehills Kramer

Hogan Lovells Studio Legale

Lamartine Conseil

Milbank

Norton Rose Fulbright (Middle East) LLP

Quinn Emanuel Urquhart & Sullivan, LLP