The digitalisation of the global economy brings major change for dispute resolution activity

Technological change and the digitalisation of the global economy is having a profound effect on dispute resolution activity internationally – both in terms of the nature of disputes that arise and how this transformation can create efficiencies in delivering services to businesses involved in disputes.

Businesses at the centre of these technological advances – in sectors such as telecoms, automotive, renewable energy, and life sciences and pharmaceuticals – need to focus on a complex nexus of data, brand protection and regulation in an increasingly competitive environment. 


Focus on international patents
As digitalisation revolutionises business and technology, it creates even more of a focus on the need to protect international patents internationally. In this fast-moving environment, national court decisions can have ramifications across borders and for international business.

Businesses with a technology focus need to protect and monetise their brand. This requires investment in trade marks that are potentially needed in the future, with competitive research and development-driven businesses requiring aggressive protection of patents. All of this calls for cutting-edge strategic advice to protect and monetise international intellectual property (IP) rights.  


Regulatory change
These technology-oriented businesses are highly regulated and the regulatory landscape after Brexit is in a state of change; in this environment, experts in regulatory disputes, enforcement and corporate liability are an imperative. 

Businesses are also increasingly looking to international arbitration to protect themselves when under threat, with London still the preferred seat; while enforcing judgments cross-border has become more challenging and complex on the international stage. 

Meanwhile, data and its value remain an increasing focus internationally, and security incidents and cyberattacks have increased significantly in recent years and are giving rise to an array of disputes.


Strategic value 
Dealing efficiently and effectively with disputes in this landscape and using heavyweight specialist lawyers, who add strategic value, are an everyday aspect of business for many. Osborne Clarke's disputes resolution activity remains highly international, whether through cross-border arbitration, complex international enforcement, IP disputes, restructuring work and other activities. Our specialist litigation, arbitration, regulatory and investigations lawyers across our international network provide expert representation on the full range of business disputes.

Data and its value remain an increasing focus internationally, and security incidents and cyberattacks have increased significantly in recent years and are giving rise to an array of disputes."

 

Experience

Vehicle manufacturer

Acted for a household-name vehicle manufacturer in highly publicised High Court litigation against an energy company, described by the press as one of the top 20 cases of 2015.

Russia/Ukraine dispute

Acted in a $200m dispute relating to an energy joint venture; LCIA arbitration in London with associated proceedings in Cyprus.

Global financial services business

Advised on a World Bank Fraud & Integrity Unit investigation concerning a major infrastructure project in Easter Europe.

Cyber crime

Advised an international manufacturing company subject to a significant computer hack; liaising with law enforcement authorities to terminate the unlawful conduct and limit secondary civil and regulatory liability.

Commodities firm

Acted in related ICC and SCC arbitrations relating to breaches of metal trading agreements with a total value of US$150 million.

Construction company

Acted in high-value ICC proceedings arising out of a FIDIC construction dispute in the Middle East.

Insights