Disputes Predictions – The litigation and arbitration issues companies must prepare for

“Disputes Predictions” explores how new EU regulations, increasingly complex supply chains and rapid technological change are reshaping the disputes landscape. Our experts explore the growing significance of compliance driven litigation, energy arbitration, product liability, software safety, and investor related risks, and outline the conflicts companies should be preparing for in the months ahead and beyond.

Disputes Predictions 2026 | The New EU Product Liability Directive 

In our first video, Lena Niehoff and David Hilger explore how the new EU Product Liability Directive will change the liability landscape for products in 2026 and the expected impact on product liability claims and litigation.

Disputes Predictions 2026 | Product Safety Law 

In our second video, Philipp Behrendt and Florian Lambracht take a closer look at two key questions companies will face in 2026. Philipp Behrendt outlines what businesses should look out for in product safety law and which regulatory developments will drive compliance priorities. Florian Lambracht then explores what should be considered in a risk analysis of software under EU product safety law – and why a structured assessment will be crucial for managing emerging risks and ensuring product integrity.

Disputes Predictions 2026 | Current trends in post-merger disputes

Post-M&A disputes are becoming more complex: alongside traditional breaches of warranty, liability risks arising from a failure to disclose information are coming into focus, as is the question of what role experts play in determining purchase price components or earn-outs. Both demonstrate how important it is to draft SPAs carefully and to clearly define the respective responsibilities of the arbitral tribunal and the expert determination.

Disputes Predictions 2026 | English-language litigation in Germany

Germany’s new Commercial Courts are reshaping the landscape for international business disputes: for the first time, high value cases can be conducted entirely in English, before specialised judges, with modern case management and enhanced tools to protect trade secrets – at significantly lower cost than many traditional forums. Since April 2025, this has turned Germany into a serious competitor to London, Singapore and arbitration for EU related disputes, even though global enforcement and brand recognition are still in the making.

Developments in German arbitration law: opportunities, trends and outlook

The most significant current reforms in German arbitration law focus on greater legal certainty, digital proceedings and English-language chambers. Equally important is the question of why the ability to exclude the strict German review of standard terms and conditions, the so-called AGB control, remains highly relevant for international arbitration proceedings.

Companies that are litigation-ready have the upper hand

Increasing regulation, tighter supervision and the strategic use of compliance allegations in legal proceedings are forcing legal departments to factor in potential disputes right from the outset when designing compliance structures. 
As a result, the focus is increasingly shifting towards litigation-ready compliance management.

Anticipating compliance risks: From policy to process monitoring

In an ever-changing compliance landscape, companies are increasingly being held accountable not only for direct breaches but also for the quality of their internal control processes.
A targeted compliance strategy can proactively prevent compliance allegations from being used against a company in legal disputes.