Disputes Day 2025 highlighted the role of dispute resolution in strategic projects

Krogerus Disputes Day 2025 gathered a wide audience of dispute experts and in-house counsel to exchange views on strategic projects and dispute resolution. The popular event, held on 18 March at Little Finlandia, provided insights on dispute avoidance and resolution in strategic projects. This article dives deeper into the event's topics through the keynote speech of Gary Born, which examined recent developments in international arbitration.

"One of Disputes Day's main goals is to increase transparency around disputes and the challenges related to them, that many businesses face but are not openly discussed. We wanted to provide a platform for professionals to exchange insights and best practices on dispute resolution and risk management. The vast majority of participants consisting of business representatives and in-house counsel is also a testament to there being a demand for transparency and broader understanding of disputes", says our Dispute Resolution practice's Partners Kirsi Kannaste and Thomas Kolster.

Disputes Day put strategic projects in focus

This year, the theme of the event was strategic projects through a dispute resolution perspective. The event focused on navigating the operational landscape of strategic projects and providing practical insights on how to manage risks and resolve disputes effectively in these high-stakes projects. The event included speeches and panel discussions on strategies for managing disputes in strategic projects as well as common pitfalls and how to avoid them. You can find the full programme on Disputes Day's website.

Strategic projects, such as M&A transactions or large infrastructure developments, are critical to a company’s long-term success. However, they require careful risk management, since they often involve significant financial investments, operational changes or regulatory considerations, as well as multiple stakeholders which increases complexity. Strategic projects are also becoming more frequent and complex due to globalisation, regulatory changes and technological advancements. Disputes in these projects can have far-reaching consequences, making it crucial for businesses to anticipate risks and manage conflicts effectively. Understanding both legal and practical aspects of strategic project management helps companies navigate these challenges more effectively.

Gary Born presented recent developments in international arbitration

In this article, we will take a closer look at one of the keynotes at Disputes Day, held by Gary Born, Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP. In his speech, Gary Born presented recent developments in international arbitration, by weighing in on some recent positions taken by courts over the world. These included certain ever-topical questions in international arbitration, such as:

• the separability doctrine,
• the law governing arbitration agreements, and
• respecting the parties' will to arbitrate in cases of arbitration clauses that may seem inoperable on the surface.

Referring to other developments in international arbitration, Gary Born also highlighted that recent years have seen several regional arbitration centres rise to prominence, with some new diversity also visible in preferred seats of arbitration. The world has become more complex, which can also be seen in the choices related to arbitration agreements, since the applicable law is chosen from a broader pool of legislation across the world. In cases regarding the jurisdiction of an arbitral tribunal, questions of interpreting the arbitration agreement, the parties' intent, and the law of the seat often intertwine, highlighting the importance of courts taking sensible positions in these questions.

A broader view on dispute resolution: peace and lasting solutions between parties

At the end of his presentation, Gary Born shared his experiences on acting as counsel in arbitrations related to armed conflicts and disputed territories. He advocated for a broader view on dispute resolution and its role in establishing peace, stating that "arbitration is making peace, not making war". While dispute resolution proceedings are sometimes referred to as if they were war or similar forms of conflict, their actual reason is to bring a resolution to the dispute. In the cases referred by Gary Born, this actually meant being one step closer to ending hostilities and ensuring peace. At its best, arbitration can resolve disputes in a final way, establish lasting solutions and bring peace between the parties.

Gary Born also emphasised the importance of sticking to the fundamentals in times of uncertainty – which also applies to agreeing on dispute resolution forums and procedural rules. In preparing for disputes in, for example, strategic projects, one might be tempted to plan everything ahead, but in the current complex geopolitical environment, parties should not stray too far from the tried and tested according to Gary Born. In terms of arbitration agreements and arbitral proceedings, this means opting for simple practices (in accordance with the age-old adage "keep it simple, stupid"), which enhances predictability in the proceedings.

Krogerus Disputes Day will be back next year with the theme: Settlements

We are already looking forward to organising Disputes Day 2026, which we will release more information of later this year. In the meantime, you can subscribe to our mailing list to receive more information on Krogerus' webinars and events.

See you next year at Krogerus Disputes Day 2026!