The transport sector covers many subsectors, giving rise to a broad range of potential disputes including investor-state disputes, disputes between construction companies and public sector entities, and disputes between construction companies and private investors.
In Global Arbitration Review's The European Arbitration Review 2025, Senior Managing Director Richard Hern, Managing Director Daniel Hanson, and Consultant Tarek Badrakhan explore the types of disputes that arise in the transport sector and key considerations for estimating damages in such disputes. The authors note disputes in the transport sector are common, arising naturally due to government involvement and interference in transport projects and contractual disputes. The authors suggest how best to estimate damages in transport sector disputes.
The authors also explain there are several emerging areas for potential future transport disputes, including disputes around inflation indexation in existing contracts, changes in environmental regulations as a result of climate change, and the aftermath of COVID-19 and other global events. The authors emphasize that, for many of these disputes, quantum experts can provide input not only for assessing the value of damages but also for the merits of the case.
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