International arbitration has continued to absorb macro shocks while widening the set of disputes where valuation is a primary battleground.
Across both investor-state and commercial cases, quantum debates have recently turned on attribution under concurrent shocks, the interaction of contract terms with market dynamics, and damages measurement in volatile regulatory and supply-chain conditions. Looking ahead to 2026, these dynamics show no signs of easing and are increasingly shaping the claims parties choose to pursue and the way tribunals evaluate them.
This review highlights the themes that we believe will most consistently shape quantum questions in our work in 2026. It begins with policy volatility and state measures, turning to supply chain and long-term supply disputes, and then covering strategic resources, the energy transition, and ESG related valuation questions. This update also addresses disputes in technology, IP, and life sciences, and concludes with updates on commercial damages and arbitrations in infrastructure and construction.
Key themes expected to remain prominent in 2026 include:
- Disputes involving strategic resources, the energy transition, and industry-specific regulations, particularly mineral security, are expected to remain central in 2026.
- Conflicts over early-stage assets are projected to become more frequent, potentially becoming more prominent than traditional supply agreement disputes.
- Legal challenges are anticipated to persist in hydrocarbons, renewable energy, and grid infrastructure projects as nations advance energy transition and security goals.
- Environmental, Social, and Governance (ESG) issues are expected to play a growing role in disputes related to energy, as well as directly in remediation and biodiversity questions.
- Valuation-intensive disputes in technology, intellectual property, and life sciences are likely to increase, involving complex questions around intangible assets, regulated pricing, licensing concerns, and risks associated with early-stage development.
- Infrastructure, construction, and concession disputes are generating increasingly complex questions about delays and underperformance.
- Traditional commercial damages cases are expected to require greater economic sophistication in their analysis and resolution.
Read more about the trends and expectations for International Arbitration in 2026 here.
