Inside Arbitration Issue 22: Perspectives on cross-border disputes

We are delighted to share with you the latest interactive issue of this publication from our leading global Arbitration Practice – Inside Arbitration Issue 22.

This edition features two special interviews. Our Global CEO, Justin D'Agostino, is interviewed following his appointment as ICC Vice-Chair in June 2026. He discusses the ICC's role in international business and dispute resolution, and the trends shaping global commerce in an increasingly complex world. Additionally, HSF Kramer partner Jonathan Ripley-Evans interviews Professor Lise Bosman, President of the Arbitration Foundation of Southern Africa's International Court and Senior Legal Counsel at the Permanent Court of Arbitration, about the development of arbitration in South Africa and how we can build the next generation of arbitration practitioners.

Alongside these interviews, this edition explores three forces that are reshaping international arbitration today. Beginning with the theme of technological transformation, we examine how space-enabled technologies are being deployed in the mining sector, creating new commercial risks and potential disputes as operators become increasingly reliant on satellite infrastructure and data. We then turn to geopolitics, where we consider the contractual consequences of conflict, sanctions and global supply chain disruption for energy and commodities businesses, including issues of force majeure, frustration and illegality. We also explore the unique risks arising from defence-sector construction projects, where national security considerations, emerging technologies and evolving project specifications present new challenges. Finally, we examine developments within arbitration and dispute resolution itself, assessing the impact of AI on arbitration practice, and consider the safeguards needed to ensure human judgment remains central to the process. We also explore the growing role of arbitration in resolving global FRAND licensing disputes and assess whether the latest ICC Rules have further strengthened arbitration's appeal for banking and finance disputes.

We hope you enjoy this edition of Inside Arbitration and we look forward to hearing your feedback.

Articles in this edition include:

• AI in the hearing room: How AI Use Is Reshaping Arbitration Practice

  As AI use grows across research, submissions, evidence handling and tribunal decision-making, the practice of arbitration is being reshaped.

• When the pipeline breaks: Force majeure, frustration, and non-performance in energy and commodities contracts

  Geopolitical disruption is bringing contractual risk allocation into sharp focus across energy and commodities supply chains.

• From the courts to arbitration: The changing shape of FRAND disputes

  We consider whether a recent UK court decision and high-profile cases involving Nokia, Acer, Samsung, Amazon and InterDigital signal a growing appetite for arbitration to resolve complex SEP licensing disputes globally.

• Watch this space: Technology, mining innovation and emerging legal risks

  Our experts explain how the mining sector is set to be transformed by the global space economy.

• Stacking the deck: Do the new ICC rules make arbitration the winning hand for banking disputes?

  The 2026 rules have closed the gap between arbitration and litigation for banks and financial institutions. We assess whether it is time for the financial industry to go all in.

• Building the bench: A conversation with Lise Bosman

  HSF Kramer partner Jonathan Ripley-Evans sits down with Professor Lise Bosman, President of the AFSA international Court, to discuss the current state of South African arbitration, the mechanics of the AFSA court, and her advice for emerging practitioners.

• Spotlight on Justin D'Agostino

  In this spotlight interview, Justin D'Agostino, Global CEO of HSF Kramer, speaks about his recent appointment as Vice-Chair of the International Chamber of Commerce, the ICC's role in international business and dispute resolution, and the trends shaping global commerce.

• Building for battle: Navigating construction disputes in the defence sector

  The global surge in defence spending has the potential to reshape the construction landscape.

   

For more information, please contact partners Andrew Cannon and Simon Chapman KC, knowledge counsels Liz Kantor and Vanessa Naish, or your usual Herbert Smith Freehills Kramer contact.