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Welcome to the 17th Issue of Inside Arbitration.

In this issue, we delve into two critical topics facing many of our clients: the energy transition and digitalisation, which often intersect as the world intensifies its efforts to develop innovative technologies to produce clean energy.

With this in mind, our IP and arbitration teams have joined forces to explore the potential disputes that could emerge as a result of new technologies being developed to meet the needs of the energy transition - whether that's via joint ventures, licensing deals, or research and development arrangements. The article addresses strategies to mitigate the risk of disputes arising, but also provides insight into how arbitration can serve as a valuable tool to resolve disputes when necessary.

Private equity investment features in many complex infrastructure projects related to the energy transition. We therefore identify common pitfalls that arise during the project delivery phase, and highlight distinctive trends emerging from infrastructure arbitrations involving private equity funds.

Continuing with the theme of digitalisation, we also consider the notable rise in the number of arbitration agreements being adopted in business to consumer, or B2C, contracts, and offer practical advice to make arbitration clauses that appear on websites as effective as possible in light of recent case law.

Shifting our focus to more regional developments, we take a look at the investment of Korean companies in clean energy projects across the world, the new PRC Foreign State Immunity law and Madrid's emergence as an attractive arbitration hub.

Finally, I am delighted that this issue casts a spotlight on our Middle East practice, with articles and videos that showcase the expertise of Stuart Paterson and Nick Oury, who are both disputes partners based in our Dubai office.

Thank you and please enjoy the latest edition of Inside Arbitration.

Inside Arbitration Issue 17


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Paula Hodges KC

Head of Global Arbitration Practice, London

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