CRA Insights

2023 International Arbitration review: Updates and trends

January 16, 2024
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2023 marked a significant surge in activity across diverse sectors such as mining, oil & gas, the energy transition, pharma, and merger disputes. Throughout the year, our team has addressed complex challenges arising from fluctuations in interest rates, price volatility, geopolitical conflicts, the unfolding energy crisis, and the convergence of technologies requiring complex collaboration agreements.

In 2024, we anticipate a surge in arbitrations within the energy sector due to the ongoing energy crisis and the amplified momentum toward the energy transition. We keep an eye on the mining industry as well, as the drive toward this transition is projected to intensify the need for critical minerals. This heightened demand has the potential to strain current suppliers.

Our work in 2023 already reflects these trends. Our focus areas have encompassed pivotal aspects of the business landscape, including the energy transition and mining disputes centered around operation and supply agreements, but also quantum and damages calculations related to M&A transactions, and technology collaboration disputes involving IP licensing and valuation issues in a broad range of industries, particularly life sciences.

We also share with you our thought leadership to offer solutions and discussions of timely topics to our clients. Examples include the changing regulatory/policy incentives for renewable energy projects, the ever-increasing focus on hydrogen, the role and impact of investment treaty structuring and arbitration on the mining industry, and the expected increase in commercial arbitrations due to failed collaborations between pharma companies.

We are confident that you will find this information valuable. Your continued trust in our expertise and clear communication style is both appreciated and well-placed, and we remain committed to providing unparalleled service for your most critical matters.

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