Global insights. One firm
Simon Chapman KC

Looking across your practice, what are the key lessons you'd stress to clients?

We've had a lot of conversations with clients about applying a disputes lens to contracts before they’re signed. That includes taking the time to carefully examine the enforceability of specific provisions and considering how worst-case scenarios might play out. It’s about being proactive and ensuring contracts are as robust as possible from the outset. Pre-disputes advisory and pre-contract analysis is also becoming popular with many of our clients.

What are the latest litigation and disputes trends you'd identify in the APAC region?

The region is facing significant change as businesses navigate external challenges that may increase the potential for disputes, reflecting the broader macroeconomic environment. This unpredictability is shaping decisions and frequently leading to disputes. Our private equity clients, in particular, are experiencing a rise in contested exits from investments – a trend we expect to see continue given the current investment landscape.

However, the impact extends across all sectors, with noticeable effects on various parts of the supply chain, particularly in construction and infrastructure projects, as well as M&A deals that are being paused or exited.

Another trend emerging is the replication of class actions, where actions originating in one jurisdiction are being mirrored in others globally. Looking ahead, we expect to see a significant level of distress in the medium term, potentially leading to an increase in bankruptcies, restructurings and disputes linked to these changes. This is already evident in certain sectors, such as in consumer goods, healthcare and transportation. 

How might the uncertainty develop into disputes?

In the short term, we can expect these macroeconomic conditions to affect M&A and investments, but the medium and long-term impacts are still hard to predict. We’ll likely see how this unfolds over the next year or two.

Simon Chapman KC is the joint managing partner of dispute resolution and co-head of international arbitration.