INTRODUCTION Contributed by: Gary Born and Matteo Angelini, WilmerHale
Looking ahead to new challenges Two key new global challenges that pose significant risks in the global dispute resolution sphere are the regulation of crypto-assets and environmental regula- tion. These are politically polarising issues. Along with a rapidly evolving regulatory landscape, an increas- ing number of disputes relating to crypto-assets and blockchain technologies are giving rise to complex legal challenges posed by the novel nature of the assets themselves. Climate change-related litigation also poses novel legal issues, including concerning questions of justiciability and the role of human rights law and remedies in climate change litigation. A con- tinued, exponential rise in litigation and ADR in both these areas is expected. Cybersecurity and data disputes also continue to increase, as cyber-attacks pose an increasing threat to businesses across the globe that hold sensitive commercial information. The shift to digital work- ing and rapid advances in the use of artificial intel- ligence have further increased this threat. According to a recent report published by QBE, the number of cyber-attacks taking place each year has more than doubled since 2020. This has generated a wave of cybersecurity-related litigation, which is expected to continue into 2027.
which celebrates its 68th anniversary in 2026. The Convention protects the enforcement of arbitration agreements and awards, ensuring – with rare excep- tions – that arbitral awards can be enforced against award debtors. In terms of both its global reach and practical effectiveness, the New York Convention remains unparalleled among other forms of interna- tional dispute resolution. Use of artificial intelligence Investment in technology and AI continues to boom as companies have invested heavily, especially in the use of generative AI. This is having obvious and profound effects on the litigation landscape. For legal practition- ers navigating complex document-heavy disclosure processes, AI and, in particular, GenAI, offers a poten- tially transformative and cost-effective solution. There is now a growing consensus among legal practitioners that they are likely to use AI and Gen AI for other uses, including assisting with drafting and predictive case analytics. The increased use of AI in litigation is, in turn, gener- ating its own litigation. In a recent case in the English High Court, Al-Haroun v. Qatar National Bank [2025] EWHC 1383, the Court found that a witness statement had been submitted that had been prepared using Gen-AI and cited non-existent case law and authori- ties. The Court gave a clear message: AI-generated content cannot be accepted at face value and that lawyers using an AI assistant for research should inde- pendently verify AI’s findings. The US District Court for the Southern District of New York in Mata v Avianca , Inc 678 F.Supp.3d 443, gave a similar message where it emerged that counsel had used Gen-AI to research and draft a brief.
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