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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.
Author

Claudia is a partner at Baker McKenzie. Since 2010, she heads the Dispute Resolution practice in Colombia. In 2018, she was appointed Chair of the Latin America DR practice and since 2019 Claudia is the Global Chair of the Firm's Dispute Resolution Group. Claudia is also a listed arbitrator of the panel of arbitrators of the Center of Arbitration of the Chamber of Commerce of Bogotá for both, domestic and international arbitration; a listed arbitrator of the Panel of Arbitrators of the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center); and a listed arbitrator of the Panel of Arbitrators of the Arbitration Court of Amcham Peru. Claudia is a highly-regarded expert in transnational litigation and international arbitration. She has over 20 years of extensive experience handling complex litigations and arbitrations related to construction and infrastructure projects, post-acquisition disputes, disputes in the energy sector, distribution and supply agreements, unfair competition, product liability, insolvency and general breach of contract. Claudia has been ranked by Chambers & Partners and Legal 500 as an expert in the field of dispute resolution. According to these publications, the group led by Claudia "'generates absolute confidence’ according to clients who highlight the team’s ‘efficiency, agility and commitment’, ‘broad market knowledge’, and ‘careful follow-up of cases", pointing that "It is led by the ‘expert’ and ‘deeply involved’ Claudia Benavides whose ‘intelligence, diligence and acuity to foresee legal risks’, make her a stand out legal adviser.” Chambers and Partners Latin America notes that "Claudia Ines Benavides Galvis is praised by interviewees for her "wide knowledge of the area, precision and in-depth background" in the field of dispute resolution." She has been ranked Band 1 in Chambers & Partners' individual ranking and in the "Leading Lawyer" listing by The Legal 500. The prestigious publication Who's Who Legal: Arbitration describes her as one of the world experts in arbitration and Benchmark Litigation featured her in the Top 25 Latam Women in Litigation listing. The team led by Claudia is ranked Tier 1 in the prestigious directory The Legal 500. In addition, she was recently awarded by Best Lawyers 2020 "Lawyer of the Year" for Litigation and recognized by such publication as a leader in Arbitration, International Arbitration and Mediation. In 2021, Claudia was named Litigation Latin American Lawyer of the Year by Euromoney's Women in Business Law Americas, and she was added to the Lawdragon Global Litigation 500 list, an accolade reserved for lawyers who "know their way around global business battlefields." Claudia has been actively involved with academia. She regularly speaks in important national and international conferences and she is the author of several articles related to her practice.

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

Joanna Ludlam is a partner in the Dispute Resolution team in Baker McKenzie's London office, where she leads the market-leading Regulatory, Public & Media law team and also co-leads the office's Compliance & Investigations Practice Group. At an international level, she co-chairs the Firm's Global Compliance & Investigations Steering Committee. In 2016, Joanna was named as one of The Lawyer’s “Hot 100” for her practice, and is recognised by Legal 500 and Chambers & Partners.

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 the Chair of Baker McKenzie's North America Litigation and Government Enforcement Practice Group. Peter serves on the North America Pricing Committee, and oversees the practice group's development and review of non-hourly fee based arrangements, or AFAs. He joined Baker McKenzie in 2003, after having served as a law clerk for the Delaware Court of Chancery.

Author

Rodrigo Díaz de Valdés 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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