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The Year Ahead: Global Disputes Forecast 2022

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As you embark on the year ahead, understanding the global outlook for disputes can make a pivotal difference for your organization.

The impact of COVID and the resulting economic disruption have triggered a wave of corporate disputes. Cybersecurity concerns and the growing focus on ESG are also pushing new cases to the courts. Finding the right support to address these key trends can help you to be prepared and manage risk — anywhere in the world.

Our fifth annual report, The Year Ahead: Global Disputes Forecast 2022, and webinar series address key trends in the disputes landscape around the globe. The report includes a new survey of senior lawyers at large companies across the world, and the results reveal that:

  • COVID-19 is the biggest external factor driving disputes. 48% of respondents cite it as a top issue in increasing their organization’s exposure to disputes.
  • The types of disputes presenting the greatest risk are cybersecurity/data and ESG. 72% of respondents consider cybersecurity/data disputes to present a risk to their organization in 2022. 67% say that ESG disputes present a risk.
  • 82% of respondents express concern about the risk of an external investigation from regulators or law enforcement agencies this year.
  • The average organization in our survey spent USD 48 million last year on disputes (including settlements, judgments, awards and legal costs) — an average of 1.0% of turnover.
  • Only 35% of respondents express high confidence in their organization’s level of preparedness for litigation.
  • Only 33% of respondents have a high degree of confidence in finding the right services for litigation or arbitration support.
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Author

Ed Poulton is Managing Partner in Baker McKenzie’s London office and a member of the Dispute Resolution team. A key name in the arbitration community, Ed sits as an arbitrator in ICC and LCIA arbitrations, and is the consulting editor of a seminal text on the arbitration of M&A disputes. He also sits on the steering committee for the Firm’s Global International Arbitration Practice Group. Ed is recognised in the fields of international arbitration and public international law by Legal 500 and Chambers & Partners.

Author

Widge Devaney is a partner in the Firm's North America Litigation group in New York, Chair of the North American Government Enforcement Practice and Co-Chair of the Global Compliance and Investigations Group. Since 2011, Mr. Devaney has been listed in New York Metro Super Lawyers in the Criminal Defense: White Collar category. Mr. Devaney is co-chair of the ABA's Transnational Crime Subcommittee, and an officer of the IBA's Business Crime Committee. He previously served on the Criminal Justice Act Panel for the Southern District of New York, representing indigent clients in federal criminal matters. Mr. Devaney served as law clerk to the Honorable Oliver Gasch on the US District Court for the District of Columbia from 1993 to 1994.

Author

Nandakumar (Kumar) Ponniya heads the Dispute Resolution Practice of Baker & McKenzie in the Asia-Pacific.
Kumar is listed as a leading international arbitration lawyer in the Legal 500 Asia Pacific 2021 and was also named a Litigation Star in the Benchmark Litigation Asia Pacific 2020. Chambers Asia Pacific 2021 quotes “the ‘well respected’ Nandakumar Ponniya for having led commercial and investment arbitrations and notes that he is especially recognised for his focus on construction and contractual issues. He has also been described by clients as being “intellectually sharp and street smart” (Legal 500) and "very savvy and well connected" (Chambers Global). Further, he has been recognised for being "sensitive to commercial realities” (Chambers Asia Pacific) and providing "practical, on the ground advice that clients need” (Legal 500).
Kumar is a member of the Expert Panel of the Centre for Cross-Border Commercial Law in Asia (CEBCLA) and is also a Fellow of the Chartered Institute of Arbitrators. He serves on statutory tribunals such as the Income Tax Review Board and the Law Society’s Inquiry Panel. In addition, Kumar also serves as an adjunct assistant professor at the National University of Singapore and the Singapore Management University, where he conducts the International Projects Practice and Law as well as the International Construction Law course.

Author

Steve Abraham is a partner in the Baker McKenzie Dispute Resolution team based in London and serves as the firm's Dispute Resolution chair for the EMEA region. Steve has a particular focus on international arbitration and ADR in the energy, mining and infrastructure projects, often involving projects in Africa, the Middle East and CIS countries.
In addition to acting in commercial disputes Steve advises in relation to investment treaty issues and in relation to risk and project management issues during the course of projects.
The current edition of Chambers & Partners describes Steve as "an impressive lawyer" who is "nice to deal with". Previous editions have described him as "superb", "very knowledgeable in construction" and "really strong on large-scale infrastructure and mining work", and commented that "his teamwork is great". He is also included in Legal 500's newly published International Arbitration Powerlist and as a leading practitioner in Euromoney's Expert Guide to Commercial Arbitration.
Steve writes and speaks regularly on international arbitration and construction law issues.

Author

Peter Tomczak serves as Baker McKenzie's Co-Chair, Global Investigations, Compliance and Ethics. He is a member of the Steering Committee of the Firm's Global Dispute Resolution practice, and also serves on the Firm's Global Professional Responsibility and Practice Committee and Cross-Alliance Pricing Committee. Peter previously served as Chair of the Firm's North America Litigation and Government Enforcement Practice Group, and on the Steering Committee of the Firm's Global Industrials, Manufacturing and Transportation Industry Practice Group. Peter joined Baker McKenzie in 2003 after having served as a law clerk for the Delaware Court of Chancery.

Author

Rodrigo DĂ­az de ValdĂ©s heads the Dispute Resolution and Antitrust practice groups of Baker McKenzie's Santiago office. He has represented the Chilean State, as well as major transnational and local companies in a broad range of cases, from long-term energy contracts to construction, projects and investment protection matters. He is ranked among the most recommended lawyers for dispute resolution, antitrust and public law by Chambers & Partners. Rodrigo serves as arbitrator of the Center of Arbitration and the Chamber Commerce of Santiago, and is a professor of constitutional and civil law at the Catholic University’s School of Law. He has written articles for various publications, particularly on constitutional law, civil liabilities and arbitration matters.

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