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In “Will Economic Uncertainty and Growing Cost Pressures Lead to More Claims and Complicate the Calculation of Quantum?” published in Global Arbitration Review’s The Arbitration Review of the Americas 2027, Senior Managing Director Christian Dippon and Managing Directors Jorge Baez, Fabricio Nuñez, and Robert Patton examine recent international arbitration developments and the economic, regulatory, and geopolitical trends shaping disputes across the Americas. The chapter considers how these developments may influence the emergence of investment disputes and the calculation of quantum.
The authors focus on infrastructure and mining projects, sectors that have historically generated a significant number of international disputes. Developers continue to face cost pressures, changing trade policies, and evolving regulatory requirements that can affect project economics, investment decisions, and the commercial environment. These factors, combined with the substantial capital commitments required for major energy infrastructure projects, may contribute to future investment disputes and influence the assessment of damages.
The chapter also explores the implications of the global energy transition for investors and governments. As countries pursue new energy infrastructure while reassessing legacy fossil fuel generation facilities and mining projects, questions surrounding regulatory stability and the extent to which investment protections apply may lead to new disputes, including international arbitration.
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