International Arbitration Trends in 2026
As technology companies continue to drive economic growth, we are seeing a corresponding increase in complex tech disputes. Recent developments include an uptick in post-M&A disputes, a new wave of mass arbitrations targeting major tech companies and a rise in disputes concerning digital assets. With innovation outpacing regulation and geopolitical pressures on the rise, we expect these tech-related disputes to continue into 2026.
In detail
Post-acquisition disputes
We anticipate a rise in post-M&A arbitration in the tech sector in response to record investments in cutting-edge, untested tech projects, many of which will also see increased volatility caused by economic uncertainty, geopolitical shifts, tariffs, sanctions, supply chain disruptions and large-scale regulatory changes. In particular, the race to invest in all aspects of the AI economy has led to high valuations and a surge in acquisitions of companies without a proven track record of revenue generation. Some of those investments are already leading to claims, for example in relation to price adjustments, earnouts and breaches of representations and warranties.
Tech companies are also increasingly relying on arbitration to preserve the confidentiality of their deals and disputes, and to ensure that arbitrators with the right experience and expertise are involved in the process. We expect that this trend will continue to drive post-M&A disputes in the tech space.
In a global tech landscape disrupted by unpredictable tariffs, sanctions, geopolitical shifts and rapid regulatory changes, arbitration offers a degree of commerciality and objectivity that national courts — particularly in politically sensitive jurisdictions — cannot.
Elliot Friedman
Partner
Mass arbitration is the filing of hundreds or thousands of coordinated arbitrations at once, usually against a single respondent. Among the potential targets are the world’s largest tech companies, which often use arbitration agreements in their consumer, employment and commercial contracts. Recent data from the American Arbitration Association reported 180,000 filings against tech companies in 2024 — and this number is likely to grow. Paradoxically, mass arbitrations against tech companies have been enabled by the rapid growth of social media and advertising tools, which allow plaintiff firms to advertise potential claims to massive audiences at low cost.
Many arbitral institutions have responded with new rules and fee structures for mass arbitrations, some of which have been challenged in court. We anticipate that these challenges will persist and that arbitral institutions will continue to adapt their rules to meet new procedural realities.
Practical takeaways
We expect an increase in post-M&A disputes and digital asset disputes, as both tech M&A and digital currencies continue to be on the rise. Businesses should consider:
- Detailed review of contractual terms: Players in this sector should ensure that their contracts provide for efficient and confidential resolution of disputes, with careful consideration of the legal frameworks applicable to the transaction, in particular in cross-border operations.
- Early assessment of multi-faceted case strategies in case of mass claims: In the United States, we also recommend that tech companies ensure that their arbitration clauses take advantage of the latest innovations in response to mass arbitration, which can change the playing field significantly when faced with a mass claim.
- Ongoing monitoring of legal developments in key jurisdictions: In the context of fast-evolving political and economic landscapes, tech regulations are changing rapidly. Industry investors should remain well-informed of these developments and consistently evaluate the associated risks with their activities.
Drawing on our extensive experience in commercial arbitration, tech sector disputes and investor-state arbitration, our global international arbitration team is fully equipped to advise you across all of these areas.
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