SHIFTING DYNAMICS IN INFRASTRUCTURE DISPUTES

CD: How would you characterise the evolution of infrastructure disputes over the past few years in terms of key risks, challenges and opportunities? What do you see as the most significant drivers behind these changes across different jurisdictions?

Benito Sancho: In recent years, the key risks triggering infrastructure disputes have shifted from isolated design errors toward more complex realities, such as geopolitical instability, inflationary pressures, supply chain bottlenecks and skilled labour shortages. Additionally, the acceleration of the energy transition process has likewise generated tensions – arising from the implementation of technologies that are neither fully established nor entirely calculated. As a result, infrastructure disputes have evolved from traditional delay claims into more complex matters – litigation driven by geopolitical instability, macroeconomic volatility and, in certain jurisdictions, regulatory changes. On the flip side, this creates an opportunity to promote more collaborative contractual models.

Franco: Infrastructure disputes have evolved from site-specific engineering issues to complex, systemic macroeconomic events. Key risks now include geopolitical shocks, inflation and regulatory volatility, especially environmental, social and governance (ESG), and permitting. The main challenge is allocating macro risks that were never fully priced, while the opportunity lies in early risk mapping and collaborative contracting rather than rigid fixed-price models. Drivers vary by jurisdiction. Europe faces energy transition and sanctions, the Middle East handles aggressive mega-project schedules, and emerging markets face currency volatility and sovereign fiscal stress. In the US, unprecedented federal investment through the Infrastructure Investment and Jobs Act, the Inflation Reduction Act and the CHIPS and Science Act has accelerated infrastructure delivery, while increasing pressure on labour availability, domestic sourcing requirements, permitting timelines and supply chains.

Oct-Dec 2026 issue

Cases Lacambra

CMS Cameron McKenna Nabarro Olswang LLP

Hogan Lovells Cadwalader

Kasowitz LLP

McCarthy Tétrault LLP

PwC

Schellenberg Wittmer Ltd