International Arbitration Trends in 2026
Artificial intelligence is no longer just a technology; it is an economic force requiring deeply interconnected global supply chains that span semiconductors, data centers and energy.
This “industrial revolution” has created a new paradigm fundamentally altering risk profiles for businesses across all sectors. The immense capital investment, coupled with intense geopolitical competition, is creating fertile ground for a new wave of complex, high-stakes disputes.
In 2026, we anticipate a rise in arbitrations at the intersection of technology, trade and geopolitics, compelling businesses to rethink how they allocate risk and structure their commercial relationships.
In detail
A new global industrial ecosystem
The rapid expansion of AI has forged a new, high-stakes industrial ecosystem. At its heart are semiconductors, where soaring demand and massive R&D investment in specialized AI chips have ignited fierce geopolitical competition. Governments in the United States, the European Union and Asia are intervening with subsidies and export controls to secure strategic control over chip design and fabrication.
Fueling this hardware boom are two other critical sectors: data and energy. The race to build data centers (further details can be found in Trend 9 below) for model training is accelerating globally — from North America and Europe to Africa and the Middle East — often supported by significant governmental incentives. This, in turn, creates immense energy demands, with projections showing data center power needs doubling by 2030. This is spurring significant investment in energy infrastructure, especially renewables and novel strategies like co-locating data centers with nuclear power plants. This capital-intensive build-out creates long-term dependencies in a highly volatile environment.
Many businesses don’t think of themselves as part of the ‘AI industry,’ yet their operations are increasingly dependent on a geopolitical supply chain for chips, cloud and energy. The strategic question in 2026 is how consciously that risk is being managed across contracts and investments.
Patrick Schroeder
Partner
Beyond this ecosystem, AI is a general purpose technology being rapidly integrated across sectors from life sciences and mining to professional services. In life sciences, AI is accelerating drug discovery through novel collaborations. In the mining industry, it is optimizing exploration and operational efficiency through proprietary geological models. Professional services firms now license proprietary AI tools for consulting and audit work, changing how professional advice is prepared, the content of that advice and its associated risks. This proliferation of AI-driven partnerships creates new opportunities but also new vectors for disputes.
Practical takeaways
As AI continues its rapid integration into the global economy, businesses must adapt their strategies to navigate this trend. To prepare for the challenges ahead, consider the following practical steps:
- Assess AI supply chain vulnerabilities: Stress-test supply chain dependencies by mapping reliance on AI components — semiconductors, cloud infrastructure, energy — and assessing geopolitical and regulatory risks in key regions.
- Modernize and future-proof contracts: Future-proof commercial agreements by clearly defining terms around IP, data usage and resource allocation in AI partnerships. Update clauses like “best efforts,” force majeure and liability caps for AI-specific risks.
- Enhance dispute resolution mechanisms: Strengthen dispute resolution frameworks by ensuring your contracts contain robust arbitration clauses to resolve complex technical issues and stay informed about AI’s impact on proceedings (see Trend 8 below).
- Structure AI investments for protection: For capital-intensive AI infrastructure, such as data centers or fabrication plants, structure investments to benefit from bilateral investment treaties and other international protections against adverse regulatory changes.
- Build organizational adaptability: Build agility by investing in compliance programs, cyber risk management and insurance coverage tailored to the unique AI risks.
As the AI economy evolves quickly, now is the time to review your contracts, risk management strategies and dispute resolution mechanisms. Our global international arbitration team is ready to help you navigate these opportunities and challenges.
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