Developers are facing significant economic pressures and investment challenges, especially in infrastructure projects, which are still recovering from the impact of supply chain disruptions and inflation stemming from the pandemic. Uncertainty regarding the extent to which the regulatory environment will protect investments in legacy fossil generation facilities and challenges in completing new investment projects are potential drivers of new international arbitration disputes.
In “Cost Pressures Are Triggering Project Delays and Cancellations: Will They Lead to New International Arbitration Claims?” published in Global Arbitration Review’s The Arbitration Review of the Americas 2025, Senior Managing Director Kurt G. Strunk and Managing Directors Jorge Baez and Robert Patton analyze recent international arbitration cases and the potential drivers of cross-border disputes in the Americas, emphasizing the complex economic and legal challenges facing infrastructure and energy projects. The authors highlight ongoing cost pressures, regulatory changes, and economic volatility influencing project delays and disputes, underscoring the need for expert analysis in arbitration cases to navigate the landscape of infrastructure development in the Americas in the current economic climate.