Big Picture thinking: Insights into the key trends shaping arbitration
The world of international arbitration is undergoing rapid evolution as businesses confront geopolitical uncertainty, the acceleration of technological change, and an increasingly complex regulatory environment.
Drawing on the insights of our global international arbitration team, this report identifies eleven trends that we believe will be critical in shaping the arbitration landscape over the next year.
Each trend is underpinned by our team’s practical experience advising clients across markets and sectors. From sovereign risk and digital transformation to ESG compliance and new procedural advancements, our experts share forward-looking analysis and actionable guidance to help you stay ahead in an evolving business environment and legal order.
Why read this report?
The trends we highlight are not just legal developments. They enable business leaders to anticipate and respond to changing risk, regulatory and enforcement environments, which are key considerations in sustaining growth and protecting value. Businesses are using arbitration proactively to strengthen contracts, optimize investment structures, and prepare for and resolve disputes, wherever they may arise.
2026 will be a defining year for international arbitration, with disputes expanding in complexity, reach, and strategic importance for clients globally. The interplay of technological change, geopolitical developments, and regulatory innovation is transforming not just what is arbitrated, but how and where disputes are resolved. At Freshfields, we are privileged to support clients at the center of this change by helping them protect value, navigate uncertainty, and shape the outcomes that matter for their business.
Noiana Marigo and Boris Kasolowsky
Global Co-Heads of International Arbitration
We invite you to explore the report and connect with your usual Freshfields contact or any of the authors to discuss how these trends may affect your business.
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